The illegal immigrant employment relation:
a constitutional analysis of the protection of funda-mental rights and the access to labor justice
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Illegal immigrant. Fundamental rights. Access to justice. Labor justice.Abstract
This article is engaged in the study of the fundamental rights of the illegal immigrant in Brazil, as well as the possibility of access to labor justice. Firstly, it sought to identify some of the most recent migratory flows with destiny to Brazil and the violations of rights that are subject immigrants when pursuing employment relationship. Next, it sought to identify the treatment granted by the Federal Constitution of 1988 to the immigrants, as well as what the Law 6.815 from 1980 orders and the legal treatment given to the immigrant in irregular situation. Then, it analyzed how is the logic of the fundamental rights in the constitution and the application of those to the irregular immigrants. Lastly, study was made on the access to labor justice for undocumented immigrants, concerning to procedural substitution by union and free legal assistance, as well as the application of the employment law in Brazil, having been done analysis of decision from the Labor Justice.
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