The application and interpretation of International Labour Organization conventions by the Brazilian and the European domestic courts: a study of comparative law

• Grant number: 15/03173-9
• Support type: Scholarships abroad - Research
• Effective date (Start): August 01, 2015
• Effective date (End): July 31, 2016
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal researcher: Daniel Damasio Borges
• Grantee: Daniel Damasio Borges
• Host: Jean-Marc Sorel
• Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
• Research place: Université Paris 1 Panthéon-Sorbonne, France

Abstract

Our research project is a study of comparative law on how the Brazilian and European national jurisdictions have interpreted and applied the International Labour Organization Conventions. This subject is very important nowadays, because Brazil has ratified an increasing number of ILO conventions. Moreover, these conventions regulate some of the most important aspects of labour law, as the termination of employment at the initiative of the employer. Many reasons justify this comparison between the decisions of the Brazilian and the European jurisdictions. First, European States have a longer tradition in labour law. And last, but not least, there is in Europe a controversial debate about labour legislation. By this comparative analysis, we aim to contribute to ameliorate the way that the Brazilian jurisdictions have applied and interpreted labour and international law. (AU)