Abstract
This paper presents the results of a bibliographical investigation, using the deductive method, having as main objective to analyze the application of conventionality control by the Superior Labor Court (TST) in order to protect the dignity of human labor. Therefore, was developed a study about the main aspects related to the topic, aiming to, at the end, demonstrate that conventionality control of state acts must be held by the Brazilian judiciary and, in the case of the Labor Court, the conventions and recommendations of the International Labour Organisation (ILO) have demonstrated to be a relevant instrument for realization of human rights, which was clear in the case Carneiro Távora versus Telemar Norte Leste and Contax. The article aims to clarify important issues about the theme, particularly the role of conventionality control and its application by the Brazilian Superior Labor Court in ways to protect the dignity of human labor. At the end, it is concluded that the conventionality control requires more operation, but, in the particular case under review, the Court, with the aim of protecting the worker, applied control in reverence to the international commitment made by the Brazilian state on the occasion of the ratification of the ILO Constitution, by giving conventional interpretation to the internal legal provision in the sense that one can not extract any interpretation that allows the outsourcing of core business.
Keywords:
Case Carneiro Távora versus Telemar Norte Leste and Contax; conventionality control; ILO conventions and recommendations; unconventionality of the outsourcing of core business; Superior Labor Court
