Direito do trabalho doméstico no Brasil: comunicações e acoplamentos estruturais dos sistemas para sua efetiva institucionalização

Abstract

Domestic work is one of the oldest work activities, which, although recognized in the social system as one of the most primitive jobs, only after 2013, with the enactment of EC n° 72 and with the publication of LC n° 150 in the year of 2015, it received regulations that compare the category of domestic workers, with some reservations, to urban workers. This legislative set is extremely important for the formation of the Domestic Labor Law Subsystem, however, given its insufficiency for the purposes of the institutionalization of Domestic Labor Law, other means of producing expectations beyond the traditional ways of the State were analyzed. The concept of institutionalization introduced in Luhmann's Systems Theory is adopted in this research, according to which to institutionalize is to make expectations leave the simple model of social interaction and obtain a general resonance capable of constituting them as a common and common behavior agenda. valid for everyone. Therefore, the work presented here intends to answer the scientific question: How are communications between the systems of law, economics, politics and technology taking place in the search for the effective institutionalization of Domestic Labor Law? It starts from the assumption of the exhaustion of the normative model and arrives at the realization that there are several social communications and structural couplings in the direction of the institutionalization of the law of domestic work beyond the traditional channels of the State, the communications coming from the ILO and the collective conventions. The study focuses on institutionalization formulas such as contracts between employee and employer (establishing normative expectations), affective and fraternal communications, public and social policies with the cooperation of non-governmental organizations and private companies, the actions of the Public Ministry of Labor and finally, the generalization of information through the internet and applications (technology) that facilitate, multiply and reach the communication of expectations, based on the assumption that the more communication there is in the sense of repetition and institutionalization of the right to domestic work, the more the more the structures of this subsystem are strengthened. For this purpose, Luhman's Systems Theory was used as a central theoretical contribution, with a systemic approach. The procedural methods used were historical and monographic and the method of legal interpretation used was sociological. The research, eminently bibliographic-documentary, is complemented with some data surveys on official digital platforms and with the observation of the reality arising from the exercise, by the author, of the consulting activity in the scenario of the research problem.