Disputas históricas e desafios na efetivação do PIDESC: O esvaziamento do direito do trabalho a partir das recentes decisões do STF

Abstract

This article aims to reflect on the historical disputes and challenges related to the implementation of the ICESCR, considering recent decisions of the Brazilian Supreme Federal Court (STF). To achieve this goal, it employs the historical-dialectical method, utilizing bibliographic research and secondary sources. Initially, it explores the origin and history of the ICESCR, addressing the pact’s creation process and the disputes for its recognition. Next, it reflects on the challenges for the effectiveness and applicability of the rights established in the ICESCR. Subsequently, it examines the impact of some STF decisions in labor-related issues on the implementation of ICESCR rights. Finally, it concludes that there is a need for a change in the direction of STF decisions concerning labor matters, with the progressive recognition of rights rather than the depletion of struggles and rights acquired for decades and enshrined in the 1988 Federal Constitution.