A trabalhabilidade como direito social fundamental : o critério da ponderação como alternativa à sua realização

Abstract

Permeating what involves the performance of a work requires energy and attention throughout any analysis, especially when one seeks to start from naturally human premises, that is, placing the working human being as the neuralgic point of the study, and of this execution. In this line, the research challenges itself to answer two major challenges, the first is whether in the postmodern scenario the phenomenon of workability is a fundamental social right to be guaranteed to any worker. And second, if in the absence of legislation, weighting can be a solution criterion for the judge in protecting this right when faced with a context of new technologies. To respond well to the proposed questions, the research will be developed in two chapters subdivided into three sections each. Through the systemic approach method, the aim is to analyze the Brazilian constitutional order to verify the possibility of receiving a new right to its diploma. Supported by historical and structuralist procedures, the social and legislative development will be collated for the purposes of analysis of its textual harmony for future judicial reception, in the face of the social phenomenon of workability, since, in line with the systemic interpretive method, it becomes possible to understand the system guidelines and observe their compliance. Developed qualitatively, the research will predominantly use existing bibliography. Through all the studies carried out, it appears that, in the context of post-modernity, workability is a fundamental social right capable (and at the level) of being accepted by the Brazilian constitutional order, manifestly backed by the very structure that sustains it, prioritizing the citizen involved, not pushing away new rights, and being attentive to social changes. It is also discovered that the criterion of weighting is a viable alternative to its realization in the face of concrete cases, both as a way to protect the newly established social right, and as the very instrument that catalyzes this constant promotion of effectively human toil, this which, as it turned out, provides higher (and better) standards of living for its workers.