THE PRINCIPLE OF PROTECTION AS A GUIDE FOR LABOR LAW

Abstract

Labour law corresponds to the creation of an asymmetrical law, centred on the differences between individuals and on the structural situations of inequality that establish positions of power and subordination. In this sense, with regard to labor relations and labor legislation, the protective principle, or the protection of the worker, is the basic principle, which should guide this aspect of law. This article aims, therefore, to address this principle and its characteristics, as well as to explain its importance for the construction, interpretation and application of labor law. The theoretical framework used is represented by a collective of authors who work on the protective principle and the right to material equality in labor relations, as well as the norms related to labor protection within the scope of international law and the current Federal Constitution.