Trabalhadores em cruzeiros turísticos : o conflito de leis do trabalho no espaço

Abstract

Maritime work is old, but globalization has made it possible for the maritime hotel industry to grow, intensifying the hiring of Brazilian labor. As a result, internal discussion on which normative standardis applicable has intensified. Some historical factors are important to this debate such as the creation of Law 7.064 of 1982, the unified jurisprudential understanding in TST Precedent 207, as well as its cancellation in 2012 and now the Congressional approval of the adhesion to Convention 186 of the ILO. On one hand, stands the argument for the application of national law to Brazilians hired in Brazil - or partially hired and / or regimented - to work partly in Brazil and abroad. On the other hand, stands the arguments for the unification of an international norm in favor of maritime workers and companies, which aim at creating a single legal standard about this type of work. At the center of this discussion are aspects of sovereignty, human rights, public and private international law, labor law (domestic and international) and procedural, civil and labor law, especially regarding applicable laws and jurisdiction.