Responsabilidade social empresarial e a afirmação dos direitos fundamentais no trabalho: o paradigma da relação de trabalho responsável

Abstract

The human person s dignity recognition as a central value of the international society based on freedom, justice, and peace represents one of the most remarkable juridical advances in the History of Mankind. As the heart of essential human rights, the protection of the human person s dignity is related to the vital demands and guarantees for an existence that allows the whole development of their potentials. The affirmation of the Fundamental Rights at Work is an essential step for the human person s dignity protection. Just if considered under a transnational perspective, the rules of the International Labor Organization s Declaration of Fundamental Rights and Principles at Work, which define the legitimate international patterns of labor rights, will face merely economic interests fought by the new model of international competition that emerged with the phenomenon of neoliberal globalization. On this mentioned conjuncture, this academic work presents a study regarding the business social responsibility, a phenomenon which has grown fast and intensively, with deep impacts on corporations behavior and their conclusive relation with the materialization of Fundamental Rights at Work. The business social responsibility conjunction, consolidated from the whole of instruments of normalization and autonomous directives, with the human rights declarations juridical content, and formalized as rules of International Law; regarding the protection for human labor, represents a meaningful interaction and an influent apparatus destined to the confrontation of the challenges regarding carrying out fundamental rights and the construction of a responsible labor relation paradigm. Business social responsibility implies the corporation s permanent ethical commitment regarding sustainability, workers, and the society as a whole. Since the business organizations play a prominent role on the contemporary social relations when they take on an authentic commitment to the social responsibility, they promote the reconciliation between economic development and social justice, extolling and giving prestige to the formation of job standards and labor occupation which respect and make concrete the human rights at work. The evolution of the business social responsibility dimensions and their relations to the Law are emphasized throughout this research, which also presents the determination of the Fundamental Rights at Work and its intersection with corporative social responsibility, emphasizing the aspects of its normalization. It expresses the fulfillment of the fundamental rights at work as a way of resistance to the deleterious effects of the precariousness regarding the juridical protection of labor conditions, the disgraceful labor. The consequent construction of a responsible labor relation paradigm, as an ethical bond, is an instrument that carries out the human person s dignity protection, which arouses a new ethical dimension for equitable globalization and social justice ideal, focused on the true affirmation of human rights, the humanization of labor relations