Devido processo legal e trabalhadores migrantes no Brasil
This article used the deductive-normative method to treat international migrants and their access to justice. It emphasizes the mobility of the international migrant workers and their vulnerability situation, which makes that labor injuries involving the migrants occur with greater intensity and fre...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277477 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 19, Nº. 2, 2018 (Ejemplar dedicado a: Espaço Juridico Journal of Law [EJJL]), pags. 411-432 |
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| Summary: |
This article used the deductive-normative method to treat international migrants and their access to justice. It emphasizes the mobility of the international migrant workers and their vulnerability situation, which makes that labor injuries involving the migrants occur with greater intensity and frequency, especially in the asymmetric relation of the work contract, and this is the reason why the access to justice must be guaranteed to them, ensuring their fundamental rights with procedural grounds, because the foreigner should not be treated in a hostile manner. The text approaches the procedural obstacles to the access of the migrant to the Labor Court, such as the way of action, the language, the costs of the process, the proceeding time, and the need for personal practice of procedures acts, as well as the existing mechanisms in the legal order to overcome them, such as the international legal cooperation, the availability of interpreters, free legal aid, and modulation of procedural acts, applying the due legal process. |
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