The Fundamental Rights of Workers and Protection of Labor: Analysis of the Principle of Proportionality in the Law of Employment

Abstract

The transformations in the economical, political and social system have shown the necessity of restructuration in the labor law, with the objective of granting effective protection to the worker and work. The excessive protectionist nature of the laws and principles of employment law has been detrimental to the economical development, then going against the fundamental of the democratic rule of law, whereas excludes many workers from the tutelage of the labor laws. Against this scenario, the flexibilization of norms and principles arise as mechanisms of conformation of labor law to the social, labor and market economy values, ensuring the effective protection of the worker and work. The principle of proportionality as normative postulate applied on fundamental principles and rights, serves as an instrument to the flexibilization in the hypothesis of a collision between the fundamentals rights of the parts.