The unconstitutional employment unprotection. The case of electoral workers in partisan activity and the cargo carrier

Abstract

The present work is the result of research on the constitutionality of infraconstitutional provisions that establish that, in certain legal relationships, contractors do not maintain employment relationship. The research is justified in view of the hypotheses in which the infraconstitutional legislator dismisses the incidence of constitutional labor rules by establishing that the parties involved in an employment relationship do not maintain employment relationships. The premise was established that the Constitution protects the subordinate worker so that, without reasonable justification, it is impossible to impose a rule that, although indirectly, rules out the incidence of constitutional-fundamental labor standards. From this premise, it was pointed out the hypotheses in which the law is unconstitutional in denying the existence of employment relationship even when facing subordinate work. In the research was used the deductive method, with literature review, interpretation of normative texts and analysis of jurisprudence.