The THEORY OF THE DIAGONAL EFFECTIVENESS OF FUNDAMENTAL RIGHTS IN SAFEGUARDING LABOR RELATIONS

Abstract

This study is based on the examination of the new theory of application of human rights, correlating it to the scope of labor law.That is, there is talk about the use of diagonal effectiveness of fundamental rights within the employment relationship,in order to guarantee the values and principles proclaimed in the Federal Constitution. In this sense, the present work aims to expose historical-social and legal arguments that consolidate the Diagonal Efficacy of human rights.Thus, it is about the importance of the usefulness of Diagonal Efficacy in contemporary times,focusing on the analysis of the emergence of constitutionalized human rights,subdivided into dimensions that will be, in advance, scrutinised, which symbolize, under the revolutionary motto égalité fraternité et liberté,advances in humanization and dignification of the human being.Under second bias, through this article, we analyze the species of Efficacies, Vertical and Horizontal, coexisting,which underpin the substantiation of the Diagonal Effectiveness of fundamental rights, which includes protection of the relations of the private spheremarked by inequality and the hyposufficiency of one of the parties involved.Finally, the objective is to demonstrate the essentiality of the application of Diagonal Efficacy in Brazilian Labor Lawdemocratic instrument for ensuring the principles and constitutional values in force.