Direito fundamental de solidariedade e regulação do trabalho do catador de lixo no Brasil: um estudo da estrutura e das transformações do sistema normativo social do trabalho brasileiro

Abstract

The Constitution of Federative Republic of Brazil favors the principle of solidarity and the principle constitutionalized, becomes key to the whole regulatory system. It is, instead, the foundation of the welfare state. This principle was also reveals a fundamental right, classified in the third generation, before the inclusion of the human being in a community. The standardization of work, historically considered, is much more vibrant and the subject of concern of the state in respect to the employer and employee, in accordance with Articles 2 and 3 of the Consolidation of Labor Laws - CLT, leaving out other types work, because the social context in which it was drafted. Today there is a different social context in which the growing formalization of work is replaced by the escalation of "informality". Complementary Law 128/2008 appears as an attempt to regulate the "informal employment". The new Solid Waste Law (Law n.º 12.305/2010), although the main goal is to encourage waste recycling and proper management of used products with high potential for contamination after the culling down - although almost programmatically - Advantages to the collector of garbage. The social situation of the garbage collector before the issue of Complementary Law 128/2008 was the denial of citizenship, and continues today, this panorama, however, occurs before the New Law of Solid Waste, recently sanctioned. The citizenship test was to evaluate the effectiveness of legislation under consideration in respect of the Garbage Collector, concluding by the ineffectiveness of it, until now. Despite this, the Fundamental Law of Solidarity should be effectively implemented and taken seriously from the perspective of legislative, executive, adjudicative and academic, which is why the insistence on support to the garbage collector, transferring income, imposes itself as the conclusion.