Right of work as a human right – notes for the history of the right of work study in Brazil

Abstract

This article intends to establish some introductory notes for the Right of Work (RW) study in Brazil. Our objective is to show that RW is resulted of a certain context – as all legal system – permeated by social fights that pled his creation intending to reform the Capitalist Right. For that we start from the premise of that each social relation of production establishes its Right to justify itself. We appeal to the historical process of the relation between capital and work, followed for the work force relation of purchase and sales, to describe the function of the Right in our society, function that will come accompanied of the description of the Capitalist Right, their presuppositions, practices and uses. We tried to insert the difference between the Enslaver Right and the Capitalist Right in Brazil, followed by a debate about social fights that precede the creation of the Right of Work. With that we strongly appeal to the History, with the intention of find a plausible explanation for the fact of, in the current conjuncture, great part of the labor laws proceed being disrespected, what can be verify in the attacks suffered by the Right of Work and the successive removals of workers rights.