O Estado como agente promotor dos direitos fundamentais do trabalhador.

Abstract

Labor rights and the consequent employee exploitation are issues that, although not so current, have great importance, especially considering the complexities that exist in labor relations. Looking into the sphere of State action, is its responsible the protection of these legal and social relations. What, then, would be the State actions able to provide greater efficiency to the fundamental rights of the worker? Regarding that, the main purpose of this paper is to identify the role of government in promoting these rights, limiting the performance of his powers, and investigating the importance of these state actions to consolidate the fundamental rights of the worker. The justification for this work is the complexity of labor relations, due to the increase in the number of industries and workers, which has increased, too, the employee exploitation. Was used as a method to approach the deductive method. As a method of procedure we adopted the historical and the monograph. The research technique used was the indirect documentation, by making research literature, legislation and case law. The value of human labor was elevated by the Constitution as a principle that will guide the economic order, despite its neoliberal bias. Protection rules for workers are proving effective immediately. So, the State must give the effectiveness of these standards need to allow them to support, immediately, industrial relations. To achieve such effectiveness should act in different roles through the three spheres of government: Executive, Legislative and Judicial. The state arises itself as the principal agent capable of promoting the fundamental rights of workers.