O trabalhador portuário avulso e a Lei 12.815/2013

Abstract

The new regulations come after twenty years since the publication of Law No. 8,630 / 93, which at the time was labeled as the law of modernization of ports. Law 12,815 / 13 has as main objective to allow investment by the private sector and that it develop and explore old and new port facilities. The discussion of this paper focuses on the hiring of temporary port worker, since Article 40 of Law 12,815 / 13 seems to have brought substantially to the topic, since it is opposed to Article 26 of the repealed Law 8630/93 shift, going to allow to tenants / authorized areas outside the organized port dispense hiring labor through piecemeal Governing Body of labor, before mandatory and can be used for labor itself, by workers with employment for an indefinite term. The mentioned legal innovation materialized the classic conflict between labor and capital. Those who put forward the trade balance in the market, should be interpreted that the rule established by law for the modernization of ports relieve the private terminal count intermediation OGMO, unlike those who prefer to defend the new manager does not remove rules body Labor of terminals based outside the organized port. Another board, the temporary workers registered with the Governing Body of Labor will likely suffer losses due to the reduction of supply of casual work, in addition to the imminent risk of affront to the principle of social backlash and casualization of dock labor