The CONVENTION 189 OF THE INTERNATIONAL LABOR ORGANIZATION (ILO) AND THE ELOQUENT SILENCE OF THE PRESIDENTIAL DECREE 10.088/2019 effects on the Brazilian legal system
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Abstract
This paper aims to analyze the legal effects of the eloquent silence of Presidential Decree 10.088/2019, regarding the application of the Convention and Recommendation 189 of the ILO in the Brazilian legal system. Will be demonstrate that the international standard, duly ratified, that deals with matters related to human rights, is fully in force in Brazil, despite the Executive Branch's choice to omit it from Presidential Decree 10.088/2019. Considering the importance of the ILO instrument, which reinforces the promotion of decent work for around seven million Brazilian’s housekeeper, the analysis of this theme is justified. Thus, the present study will be elaborated through bibliographical and legislative review, using qualitative criteria. Due to the legality of the procedure in the ratification process of Convention 189, it is understood that Presidential Decree must be declared unconstitutional.
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