Por um tribunal internacional do trabalho : a falha no controle do cumprimento das convenções da organização internacional do trabalho

Abstract

This study has, as a theme, the absence of effectiveness of the control system of the conventions signed at ILO, which already count with the signature of 189 international conventions. Nevertheless, the signing countries have not complied with all the aforementioned instruments. This essay aims to respond to the following research question: how can the present system of compliance control of ILO international conventions can be improved? The hypothesis is that such system would improve with the creation of an International Labor Court. The present study has, as objectives, to investigate if the creation of an International Labor Court has the potential of increasing the compliance control system of the conventions signed at ILO; analyze the historical context of ILO's formation; identify the current format of the compliance system of the international instruments emanated from such organism; lay out the consequences that the countries may suffer, from an international perspective, because of the non-compliance with the signed conventions; observe if the current control system for the compliance with the international conventions signed at ILO has had satisfactory effectiveness and present solutions to increase the effectiveness of the control system for the compliance with the international conventions. As for the justification, to the academic community, it serves to bring a new vision to suggest a solution for the problem of non-compliance with the conventions signed at ILO. To the society, the laid-out proposal for a new international court, with more imposing power of its decisions, will bring relevant good. To the law professionals, it's equally relevant as it lays out the current structure of normative control of ILO and of the current forms of access. The present research used the hypothetical-deductive method.