A DIGNIDADE DA PESSOA HUMANA SOB A PERSPECTIVA DO SALÁRIO MÍNIMO CONSTITUCIONAL

Abstract

The research topic presented here, namely, “The dignity of the human person from the perspective of the constitutional minimum wage”, is scientifically relevant because it provides the possibility of revisiting themes that involve compliance with founding or structuring constitutional principles, Furthermore, society is always interested in knowledge about the directions taken by legal-legislative guidelines that directly interfere in the sphere of rights and obligations of those under jurisdiction and, for the researcher, it was enriching to study a subject already discussed during the internship experienced. in the Labor Court. The research problem is focused on the following question: is the minimum wage in force in the country capable of meeting the needs of workers and their families, as stipulated in article 7, IV of CF/88? And the previously formulated hypothesis states that the stipulated article 7, IV of CF/88 still represents a constitutional weakness, since the minimum wage in the country is not enough to guarantee what is stipulated in the major law. The investigation reflects the objective of evaluating the capacity and concreteness of the national minimum wage, given the current reality and the satisfaction of the basic needs of workers and their families, such as: housing, food, health, hygiene, leisure, education, transportation and social security. Thus, through the hypothetical-deductive approach ethod and the historical evolutionary, interpretative and comparative study procedure methods, data collection was carried out based on journalistic news, bibliographical, legal and jurisprudential review, we sought to assess compliance with the referred to device, translated into the effective purchasing power of those who live exclusively on the minimum wage, using the State of Paraíba as a regional parameter and leaving evident regional economic inequalities and the persistent gap in economic power for the socially vulnerable. The work was structured into three chapters, in order to deal with the emergence of wages on the world stage, the emergence of wages in Brazil and the possible violation of article 7 of CF/88. The achievement of the proposed objectives, the adequacy of the methodology used, the confirmation of the hypothesis, as well as the completion of the study in a timely manner, are the results obtained, through which it is possible to conclude that the effective guarantee of the dignity of the human person through minimum wage still represents a challenge, as there remains a normative weakness in the implementation of the rights provided for in article 7, IV of the Federal Constitution, perpetuating modern forms of exploitation in the depreciation of the purchasing power of those who depend exclusively on this value. The complexity of the minimum wage issue in Brazil involves economic, social and legal aspects, therefore, it is crucial to continue the search for safeguarding the fundamental rights of workers and their families, in line with the principles enshrined in CF/88.