Análise das violações aos direitos humanos trabalhistas dos trabalhadores brasileiros de cruzeiros marítimos

Abstract

The act of sail the seas, carrying goods, passengers and even information has always been impregnated by a transnational aspect: the transoceanic navigation always imposed special conditions for vessels, conditions that became even more specific in the face of increasing regulation on maritime activity imposed by international treaties and Conventions signed within the scope of the United Nations and its specialized agencies such as the International Labour Organization, especially those enshrined human rights, compliance with which obliged states and individuals. In this scenario, the regulation of maritime labour by the International Labour Organization sought to protect seafarers, to ensure compliance with the general and specif human labour rights of this group of workers, legal effort that originated over the years approximately seventy maritime international labour standards about seafarers’ rights. Among them, Convention No. 186 on the Maritime Labour Convention was choosen because it has consolidated and updated the previous standards on the same subject, serving as reference standard of documentary research proceeded to research on the seafares’ human rights of seafarers in nautical tourism vessel cruises and counterpoint to any violations found by the Supervisory action filed by Brazilian authorities on the ship MSC Magnífica while docked in the ports of Santos/SP and Salvador /BA. In order to understand the peculiarities involving maritime labour, made use of documentary sources through international conventions analysis of Labour and international human rights treaties and literature sources, with the consultation of books, monographs, dissertations, research papers and sites that aided in understanding the subject. It was noted, finally, that for a long time the work of seafarers geared vessels for nautical tourism, to be more related to hotels that navigation itself, was not considered as maritime labor, a situation remedied with International Conventions Works latest, which, in spite of numerous complaints of workers in these ships relating to various aspects of work and life at sea, some such as bullying and inadequate nutrition are difficult to prove, given the difficulty of obtaining ballast expert evidence, that the most serious violation of human rights of these workers is one linked to stressful working hours that are submitted for months until the end of his contract, which enable the entry of these workers to work hours similar to the beginning the industrialization process, leading them to exhaustion, in direct violation of the right to rest and leisure and, ultimately, the right to physical and emotional health, placing it in a vulnerable position in the labor legal relationship.