29 resultados para Relações trabalhistas - Aspectos jurídicos

em Universidade Federal do Rio Grande do Norte(UFRN)


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Brazilian Law n° 9.615 of 24 March, 1998 established new paradigms in the employment relations existent between the soccer athlete and the sport association, both of whom are accustomed to the former legislation. They do not seem to have organized themselves in the sense of understanding the practical effects of the legal precepts currently in force, raising doubts that hinder the professional practice of the former and the performance of the latter in relation to managing these human resources. The purpose of this study is to analyze the degree of knowledge displayed by the professional soccer athlete about the legal recourses at his disposal in relation to the employment relations established in his work contract, as well as investigating the stress habits and stress situations that he most often experiences. This descriptive study consisted of a sample of 105 players under contract with clubs participating in the final phase of the state soccer championship. A questionnaire was used as the data collection instrument, whose analysis allows us to verify the lack of knowledge, on the part of the subjects studied, about the laws that regulate their profession, as well as identifying the stress habits and stress situations that are most reflected in their lifestyle. The lack of knowedge of regulate norms of their profession influences, in a negative way, in the lifestyle of soccer professional athlete from Rio Grande do Norte, Brasil

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Osgood-Schlatter (O-S) syndrome, a pathology of the musculoskeletal system, exhibits high incidence in adolescence, a phase of accelerated bone growth. Detection of physiopathological mechanisms that may cause disorders and dysfunctions in bone growth must be taken into account when planning physical activities, in order to promote normal physiological growth patterns. The aim of this epidemiological investigation was to identify and analyze the relationships between sociodemographic, anthropometric and clinical aspects and O-S. A cross-sectional design was used, with a representative sample of 956 subjects: 474 (49.6%) males and 482 (50.4%) females. Age range varied between 12 and 15 years (mean = 13.7±1.04). We used a battery of tests, previously applied in a pilot study, which met the aims of the investigation. Descriptive statistics (frequency, mean and standard deviation) were used and the odds ratio was calculated from bivariate and multivariate logistic regression (p<0.05). A prevalence of 9.8% was found (n = 94 cases): 11% males and 8.3% females. Hierarchized multivariate analysis showed a significant association between regular physical activities (OR= 1.94; CI 95%, 1.22-3.10) and shortening of the rectus femoris muscle (OR= 7.15; CI 95%, 2.86-17.86). The results may serve as a basis for therapeutic and prophylactic measures, in addition to increasing our knowledge of this syndrome in Brazilian adolescents. This investigation used a multidisciplinary approach, involving elements of anatomy, nutrition, physical education and physical therapy to elucidate the object under study related to Osgood-Schlatter syndrome

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State intervention generally demands the purchase or rental of goods and services, and such acquisitions are subject to a number of indispensable legal frameworks. In the Brazilian State, Law 8.666 of 21 June 1993 and further norms regulate the necessity of a formal process, usually licitation. Given the importance of this subject to public and private spheres, one of the prerequisites of these formal contracting rules is the openness of public acts, and society s knowledge and accompaniment. The objective of this study is to investigate society s participation in public contracting, with the aim of debating theories surrounding the state/society relationship proposed by public political thought and authors in relation to legal aspects involving licitations. The principal question of this research is: despite the possibility of society s participation being predicted in the legal frameworks which orientate licitations, why is this social control not carried out? Why does it only occupy a secondary position to both individual and collective agents? In order to test some of this study s hypotheses, field research was carried out in the Coqueiral community in Aracaju, Sergipe, in relation to public acquisitions of goods and services during the period of May to September 2009. Research involved observation visits and guided interviews with the relevant community and public sector representatives. This project s hypotheses were confirmed, as this social control is not apparent, even in areas where popular participation is a strong component in asserting ones local rights, like in the Coqueiral community.

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This work has goal of analyzing the practices of Human Resources in the per missionary enterprises of urban transportation, by bus, in the metropolitan region of de Natal, based on the standard person of the National Program of Quality 2004 and points if they are able to take part as prize-winning in this standard. Also this work aims, through a theoretical evolution of people management and its current practices, the history of the National prize Quality and its main standards, the importance of the urban transportation, its characteristics and the system itself in the metropolitan region of Natal. The research was carried out in 11 enterprises that operated in the area, with several dimensions and forms of management. The research variations were based on the standard person of the 2004 NPQ that deals with the system of work, preparation and development and life quality. In the statistical treatment, discriminated and exploiting analyses were applied. The main obtained results through the research, we can verify an administrative centralization in managers and owners hands; that 45% of the enterprises don t have a Human Resources Department, however, on the other hand, they practice some human Resources politics, indicated by the variations; as to the items system of work, 55% of the enterprises are able; preparing and development, 43%

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This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

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The purpose of this study was investigate the sexual division of the work in a chain of fast food, in Natal, RN. These aspects were analyzed with the ways of organization of the work, being made a case study. The main objective of this survey was to analyze the influence of gender relations in the insertion of men and women in the job market and to analyze the question of feminine submission in the professional world. These questions were analyzed considering the current period of the worldwide capitalism, from the characteristics of productive process and the growth of the service sectors. The research was made with a group of workers on the production sectors; attendance, management and human resources at restfood store, where six clerks were interviewed. Through our research, it is possible to perceive the permanence of the sexual division at the job in the interior of the productive processes at Restfood, that puts the woman in a subordinate position in relation to the man. This result can be confirmed if we considerate that the women, on this chain of food, occupy in first place the function of waitress and on this, trere s no functional progression, while her workmates (the men) for occupying other functions can progress inside the company. It was also evidenced that in a context of globalization of the capital, deregulation and disrespect of labor laws, the capital acts without any respect to workers. That was what we observed at the interviewer speech; the scarcity of the conditions of work and the constant disrespect of the labor laws. This way, we could evidence that the scarcity of work conditions hit men and women, but it has a crueler face with the women, and this one reproduces itself, day by day in the process of social reproduction, through family life, insertion in the world of the work, information and received social education. So, the capital explores all of them, but the gender relations create to the capital, the possibility of a different degree of exploration, becoming this way, the women main victims herself

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O trabalho é uma atividade de fundamental importância na vida do homem porque é uma condição essencial para sua existência social. Ao longo do tempo o trabalho teve diversas definições e significados, mas na atualidade pode-se dizer que ele sintetiza e satisfaz três necessidades essenciais da natureza humana, a necessidade de subsistir (função econômica), a de criar (função psicológica) e a de colaborar (função social). Nesse contexto a presente pesquisa objetivou compreender as relações estabelecidas entre os trabalhos remunerado e voluntário, na perspectiva de identificar os aspectos convergentes e divergentes dessas atividades, que possam explicar a permanência dos sujeitos nas duas dimensões laborais e ao mesmo tempo entender qual a importância e reflexo que ambas as atividades têm na vida dos entrevistados. Como instrumento de coleta de dados foi utilizado a entrevista semi-estruturada do tipo focalizada. Foram entrevistados nove líderes da Pastoral da Criança no mês de dezembro de 2009 na cidade de Natal/RN. Os dados foram interpretados à luz da análise de conteúdo, proposta por Bardin. Os principais resultados encontrados quanto aos aspectos convergentes do trabalho remunerado foram a importância do salário para prover a sobrevivência, convivência com as pessoas e troca de experiência além do valor do trabalho para manter a dignidade do homem. Os pontos divergentes enquadraram: trabalho como obrigação, competitividade no ambiente laboral e baixa remuneração. Quanto ao trabalho voluntário, os aspectos convergentes emergidos foram a realização pessoal, a solidariedade, o envolvimento com a causa da Pastoral, valorização das coisas que possui diante de outras realidades mais difíceis, reconhecimento e prestígio dos voluntários pelas famílias assistidas, e por fim a visão do trabalho voluntário como complementação da vida. Com relação aos pontos divergentes foram citados a falta de comprometimento de alguns voluntários, bem como a necessidade de adesão de novas pessoas à este tipo de trabalho, limitação de querer fazer mais e não poder, exigências do público assistido e imagem distorcida da missão da Pastoral da Criança por parte das famílias, além da constatação dos níveis de pobreza e injustiça social que geram desigualdades as mais diversas. Sobre os aspectos marcantes para a permanência dos sujeitos nas duas esferas de trabalho, o amor, a dedicação, a realização pessoal foram os motivos mais apontados. Nas relações entre os dois trabalhos, as transferências de valores aparecem como recíprocas e naturais, sendo aproveitados para estabelecê-las o que cada atividade laboral apresenta de melhor. Conclui-se que o altruísmo, a solidariedade, a generosidade, o acolhimento, a paz espiritual, o bem-estar e sobretudo o amor, são sentimentos que sustentam e confortam o homem, cujas relações aparecem de forma expressiva nas falas dos entrevistados e permeando todo o decorrer da pesquisa.

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O advento das novas tecnologias e a dinamicidade das mudanças que estas provocam, impactam diretamente em vários aspectos da sociedade, dentre estes, na educação. Novas metodologias e mudanças no processo de ensino-aprendizagem tornam-se práticas cada vez mais frequentes neste campo. O elemento basilar desta nova constituição é o docente, capaz de transformar a utilização desses recursos em ferramentas que favoreçam o processo educativo. Essa readequação do comportamento exigida por essas constantes mudanças é orientada pelos valores pessoais dos sujeitos que vivenciam a situação. Os valores são idealizados como critérios que interferem diretamente nas atitudes, preferências e até mesmo no comportamento humano, influenciando no modo como o indivíduo interpreta as suas próprias atitudes e as dos outros, inclusive no âmbito profissional. Dessa forma, o objetivo geral da presente pesquisa é analisar as relações entre o perfil de uso da tecnologia e os valores dos docentes da UFRN Universidade Federal do Rio Grande do Norte, baseado na escala de valores de Schwartz. Para isso foram utilizados os tipos motivacionais que compõem a teoria de valores de Schwartz, através de questionário aplicado junto aos docentes. Trata-se de uma pesquisa de enfoque analítico quantitativo que utiliza um questionário da escala de valores desenvolvida por Schwartz et al. (2001) conhecida como PVQ (Portrait Values Questionnaire). A pesquisa foi desenvolvida a partir de uma amostra de 200 docentes entre atuantes da modalidade presencial e/ou na modalidade de ensino a distância. A estratégia de análise dos dados utilizou técnicas de estatística descritiva, análise de gráficos, análise das frequências relativas e a técnica estatística MANOVA (Análise Multivariada de Variância). Os resultados apontaram que os docentes utilizam moderadamente os recursos tecnológicos avaliados nesta pesquisa, como ferramenta de apoio pedagógico. Com relação ao perfil de valores, os docentes apresentaram prioridade entre os tipos motivacionais Autodeterminação, Benevolência e Universalismo, enquanto os menos priorizados foram os de Tradição, Realização e Poder, respectivamente. Contudo, não foram identificadas relações significativas entre o perfil de valores e o perfil de uso da tecnologia entre os docentes estudados nesta pesquisa

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Based on the empirical comparative study between two churches from Pentecostal guidance - both located in Parnamirim/RN - and supported on a dialogic interaction between my interlocutors and theoretical references, I proposed me to reflect about how this protestant segment represents and articulates questions such as gender and power relationships, and the daily impact of that in their followers life. In other words, this dissertation aims to understand the reason of the asymmetry attributed to male and female, especially in what concerns the distribution of ecclesiastic works and the authority given to male, as well as the implication of this reality in the reconfiguration of morality and religious praxis in daily life of individuals and involved groups. From this perspective, this work was divided in three chapters, in which I investigate the tension/relationship between faith and secularism, for from this question on concessions and/or prohibitions related to the limits and involvement of the followers with the world and with the very Pentecostal ethos arise. I also analyze here aspects concerning to both ecclesiastic hierarchy and power, with the objective of elucidating how it occurs, what kind of criteria and implications they consider as well as about the nature of the religious labor division between men and women and, finally, I try to understand how the conversion/adhesion of members is reflected in the redefinitions of gender and its relationship between the ecclesiastical and domestic spaces. The diligence and energy spent in this work is in the hope that its fruits can corroborate in the expansion of anthropological knowledge which, in this particular case, involves the Brazilian Pentecostal phenomenon

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João Pessoa, the capital city of the state of Paraíba (Northeast Brazil), is reputed throughout the country as a quiet place, although it has been acquiring, over the past years, an urban character with social implications similar to those of major metropolitan Brazilian areas. The new situation is evident by the social inequalities, with the creation of confined spaces, which segregate and cause enclosure of the inhabitants, leading to death the public space. This study correlates accessibility in spatial structure with two types of crime data, burglary and robbery, recorded in 2008 and 2009, by the Secretaria de Segurança da Paraíba (The government agency public in charge of safety), in the district of Manaíra, an upper middle class neighborhood, which has, in recent times, been considered one of the most violent areas in João Pessoa. Sought to understand connections between these events and morpho-social aspects of the built environment, where examined the spatial properties, such as accessibility of the urban net, the presence of control measures, the safety of buildings and their uses. Spatial properties were also validated by the observation of pedestrian flows at strategic points of the study area. It was concluded that the presence of intense flows helps to attract potential thieves, physical security and control offers little protection

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Women, subjectiveness, experimentations. This paper walks through gender, sexuality, body and subjectivity, bounding as the focus denaturalize the representations of womanlinessstaff and manliness and the modeled subjectivity by normative discusses that shows the transcendency based on multiplicities of experiences, wishes and life way wattled by men and women from the Caicó City s society in the decades from 1900 to 1945. For this, it was adopted a dialogic methodology inlcluding bibliographic and theorist references as well as sources like articles from Jornal das Moças (Lady s Journal); defloration s crime processes, abortion, infanticide and body lesions; iconographic sources and Caicó citizen memories in the period commented. Based on that sources, this work analyze the discursive construction of feminine through Justice and Jornal das Moças that paved by sanitarian, normalizing and moralizing discourses has spread clichés and stereotypes of womanlinessstaff and manliness, which has resulted by to universalize the experiences feminines in polarities and binary oppositions regarding to manliness, it has delineated them as asexual, irrational, anesthesiaed for pleasure and biologically meant to home activities modeling subjectivities that did not create ways for the singularization processes. This polarities, effects of sexual regulatory practices and gender legitimate the representations of courtship, maternity and honor, that although it has been incorporated not passivant on the building of the poor men and women subjectivity, it did not support itself in view of socio-cultural and economic reality of the poorest society side. Therefore, on this work emerge a plurality of women who has transited past the public sphere, who interlaced amorous informal relationships, who has kept relationships before the marriage, who hás established multiples familiar arrangements and helpful networks, who was single mothers without being considered dishonored women by social groups, who made matrimonial agreements without the rules of a formal civil marriage, who made use of beverageey to provoke the menstruation constituting multiples ways to experiment the life. This subjective feminine experimentations turned it possible to notice that representations concerning about the body, sexuality, date, maternity and honor of this women has constituted itself while molecularies and particulares . It was the affection not commented of the feminine sexuality that turned it possible to analyze the construction of singular subjectivities as a opened process, continuous, active, begetting new lands, life ways and wishes cartographies

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The aim of this thesis was to investigate the evolution of the socio-occupational status in Rio Grande do Norte from 2001 to 2008, based on the characterization of the socio-economic status of this State from the analysis of labor market norte-rio-grandense . The study, specifically, drew a comparison between the dynamics of the labor market in Rio Grande do Norte and the capital city, Natal. From this perspective, the purpose was to make a relationship between the social division of labor and its effects on the socio-spatial division, represented in the "macro scale" by the federal unit and the "micro level" for the capital; locus of economic and population concentration. The collection of data on the labor market had as a major source PNAD/IBGE, characterizing the labor market in many ways: people of working age, economically active population and employed and unemployed people, classified by age, sex, color, education, income and social protection condition. However, as for the socio-occupational division, we follow the methodology used by the research group on national television, based in IPPUR /UFRJ, called Monitoring of the Metropolis," which rallied twenty-four groups that aggregate the occupations found in the PNAD/IBGE, in eight groups of socio-occupational categories, according to the similarity between them. It was used in the socio-spatial cutting two relevant discussions, which are inter-related and were characterized as crucial points in developing the research problem: the former was related to the influence of the hegemony of merchant capital in the labor market in Rio Grande North and, the latter, it referred the socio-economic relations between the territory and the variable occupation. Lastly, the results all indicated that in Rio Grande do Norte, as a peripheral state, has suffered the devastating influence of the hegemony of capital purely commercial basis, where "wealth" of capitalism is generated through the sphere of mere movement of goods and services rather than a productive process due to the social relations of production more advanced. We have a little advanced economic structure, with a tertiary sector that has propagated under-employment or disguised unemployment. Similarly, the agricultural sector has been presented as an example of greater social degradation of working conditions in the state. The secondary sector, in turn, also was not behind this uncertainty; on the contrary, confirmed that condition, with poor levels of income, low education of the workforce and a high degree of social helplessness, even in the state capital, space full urban area, which although always appear with a favorable condition compared to Province, in practically most of the variables studied, was also reflected at the same time the author of a structurally underdeveloped condition

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In this work a series of discussions is made on the relationship between money and prostitution in a way of overcoming its merely economic aspects, in the perception of both being social, cultural and historical phenomena, and taking them as symbols, whose study aids to unveil the reality. In this context it is looked for revealing its forms and contents to make it possible to understand them beyond the rationality, calculability and mathematical elements presents in them; beyond apparentness, taking them in their complexity. The discussions encompass theoretical elements, based especially on Georg Simmel s theoretical analyses, allied to a specific empirical frame that regards the life experience of the women of Praia do Meio, pedaço of the city of Natal-RN-Brazil, where the data were collected from. Fundamentally, prostitution is perceived as an exchange activity, which is not depleted in the economic elements, but, contrarily, starts on them and surpasses them in diverse aspects. It deals about a money-mediated relationship between human beings that possesses in itself a full complexity, which demands an accurate and keen attention to be comprehended. Since money has transformed the world and the men and women in it, the discussions in the text are conducted in a direction to attempt to encircle and understand the relationship between money and prostitution. Prostitution, in turn, aids to understand such a transformation as it is also a symbol of our times and it makes us to face the true essence of our society: the transformation of human beings into merchandise, into negotiable objects. In the money-based society it is possible to picture the phenomenon of double prostitution: negotiation of the human being, through labor, and negotiation of sex, the last being dramatically stigmatized and the former strongly encouraged. This may be demonstrating that the paid sex is, in the money-ruled society, a limit of commercialization, widely accepted provided it is camouflaged and surrounded by an aura of sensuality and legitimacy

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This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

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The Brazilian Constitution aims to regularize the broadest possible the fundamental grounded in the value and supreme principle of human dignity, supporting a Democratic State of Law, to essentially give basic rights to all for a dignified existence. As the result of a historical development, fundamental rights incorporated by legal order represents a real reaction against acts that ignored the dignity of each person in one of these scenarios, especially inserted into the labor relationship, the principle of protection comes to balance and compose such relationship between employers and workers, raising this principle as axiological essence of this subject, based especially on the protection and guarantee of fundamental rights of the worker. For this study, was developed a literature research using books, legislation, legal websites and articles related to the subject, in order to analyze the principle of protection insert in the legal order, properly authoritative on the principle of equality, the social value of the work of human dignity to confer protection to the most vulnerable and admittedly weak of the labor relationship in order to serve the specific regulations legal practical tools and effective protection, against the employer hierarchical power and steering that can not change into abuses and attacks on the fundamental rights of the worker. In conclusion, is not enough, recognizing the vulnerability of the worker, it is necessary to carry out protective legal instruments in line with the the human dignity, consectário logical fundamental rights of workers, to be held in a proportional manner and sometimes flexible, depending on the case. Protection has a beginning and end to ensure that the human dignity that must presuppose a working relationship achieved by orderly and normative power of constitutional norms, with the aim of designing that labor is not an end in itself, but a means to the achievement of the economic advancement by promoting social development and providing necessary support for the increasingly marked impairment of fundamental rights of the worker