A INVIOLABILIDADE DE DOMICÍLIO E A FISCALIZAÇÃO DO TRABALHO DOMÉSTICO

Abstract

Paid domestic work is characterized by being carried out by a group of workers mostly composed of black women, representatives of classic discriminatory social markers, which demands a differentiated action by the State in the promotion of the human and fundamental rights of these workers. The execution of tasks in a particularly private and intimate environment makes it possible, at first, to envision the place where the service is provided, the house, as an almost insurmountable barrier to the Labor Inspection in its mission to ensure, throughout the national territory, the protection of workers in the exercise of their work activity. Hence, the object of this study is what seems to be the main obstacle to the work of the Labor Inspection, in this area, which is the fundamental right to the inviolability of the home. After elucidating the conceptual outlines about the domestic work relationship, this article will analyze the scope of the fundamental right to the inviolability of the home and its composition in relation to other fundamental rights of female workers. The role of the Labor Inspection, its functions and attributions are presented as inescapable determinants for the realization of the rights of domestic workers, especially in the prevention and punishment of practices that lead to the normalization of working conditions analogous to slavery. For that, the article makes use of a bibliographical, documentary and empirical review, resulting from the experience and observation of the authors in the exercise of the Labor Inspection.