O uso judicial do trabalho dos órgãos de supervisão da OIT nos ordenamentos jurídicos nacionais

Abstract

The emergence of new normative sources, which are in constant interaction in international doctrine and jurisprudence, proved to be one of the characteristics assumed by Public International Law in the context of the new problems and axiological guidelines that emerged in international society from the 20th century onwards. The normative and control and inspection activities carried out by the International Labor Organization (ILO) are part of this same scenario, focus of this master's thesis, which object of research is the investigation of the insertion of decisions and opinions of the control bodies and inspection of the ILO in the internal legal order as a normative source nowadays. Using the hypothetical-deductive method, the hypothesis raised is that, currently, these decisions and opinions must be received as a normative source in the internal legal order of the Member States. To this end, through a bibliographical review and descriptive analysis of the norms that structure the ILO's control and inspection bodies, an attempt is made to identify the new normative sources of Public International Law and the theoretical points of approximation between these and the object of investigation, concluding that the decisions and opinions produced internally in the activity of control and inspection of the ILO, although they do not have a legal nature of normative source in the internal legal system, must be received as an auxiliary means of determining the law. The academic solution identified enables the creation of an international interpretive standard on international labor norms that helps the necessary dialogue of normative sources that is imposed on the modern jurist inserted in the internationalist context, result of the third wave of evolution of the State, of Law and of Justice, meeting the objective of the research to contribute to the improvement of the national justice system.