A PROBLEMÁTICA DA SALVAGUARDA DOS DIREITOS FUNDAMENTAIS DE TRABALHADORES BRASILEIROS DIANTE DE UM CONTRATO INTERNACIONAL: UMA ANÁLISE DO CONFLITO JURÍDICO NO ESPAÇO

Abstract

The diffusion of digital technologies, driven by the phenomenon of globalization, has unprecedentedly transformed the labor sphere, particularly in terms of hiring practices and the provision of services. In this new context, it has become increasingly common for Brazilian nationals to be employed by foreign companies, either to work abroad in person or under remote work arrangements. It is evident that such a reality brings together at least two legal jurisdictions applicable to the transnational employment contract, raising questions such as: In the presence of multiple legal systems, which legislation should prevail? What are the limits of applying national labor laws to contracts intended to be executed abroad? Therefore, this research is delimited to the analysis of international employment contracts signed by Brazilian workers within national territory. The study is justified by the growing occurrence of such contractual relationships and the legal uncertainty they entail. Accordingly, the primary objective is to examine the legal protection afforded to these workers under Brazilian labor law, supported by national doctrine and case law. The research adopts a hypothetical-deductive approach, grounded on the hypothesis that the absence of protective mechanisms for internationalized workers contributes to the flexibilization of their rights. The methodological procedure is monographic, complemented by comparative and historical analyses. The research technique employed is indirect documentary research, focusing on national and international legal doctrine, legislation, case law, as well as international treaties and conventions.