Direito humano e fundamental ao trabalho na perspectiva marxiana

Abstract

This research has analyzed, on the Marxian perspective, the meanings of work as a human and fundamental right on the Democratic State of Law of Brazil. It starts from the premise that work, as well as being determined and conditioned by the development of productive forces and by the production relationships, as being consubstantiate of a series of contradictions and antagonisms, has been captured by Law and, with that, has been given the status of human and fundamental right, alongside the emergence of new meanings. The adoption of the Marxian theoretical frame of reference has allowed taking back the course of work on history and material life, whose results prompted the verification of some determinations that fall upon such right and its mediation with other processes, capable of signaling to the actual lack of meaning of the human and fundamental right to work and alternatives to other paths and interpretations. The analysis of the capitalist method of production and the definition of work have found on the Marxian literature an indispensable starting point to understanding the human and fundamental right to work. Adopting this theoretical standpoint has implied the assumption of the dialectic method, by reason of the absence of full autonomy between theory and method on the Marxian literature. Dialectic, as a method, was fundamental to identifying the contradictions and antagonisms of the human and fundamental right to work and to the attempt of inserting it into an idea of social totality. This research is justified by the need to reflect upon the contents of work, captured by Law and added to the status of human and fundamental right, comparing it to its (re)construction in the course of humanity’s history and the determinations and mediations imposed by the capitalist method of production, whose path seems to allow patenting alleged reasons to the omission of the normative sense, its inapplicability, to reflect upon its maintenance as a central and vital category for the human being and to social life and its possible meanings. The object of this research is to apply the Marxian method and theoretical frame of reference, in a predominantly legal approach, to unveil the meanings of the human and fundamental right to work on the Brazilian Democratic State of Law. The first chapter conveyed the method on Karl Marx and the difficulty of its application on legal researches. The second chapter promoted an incursion on the historicity of work. The third chapter broached the fundamental rights and made an approximation between Law and Marxism. The last chapter presented various meanings of work and collated them principally with the definition of Karl Marx, on which occasion several meanings of the human and fundamental right to work were analyzed, in a list of examples, that are systematized on the final considerations.