Trabalho petrolífero offshore no Brasil: os direitos do trabalhador embarcado à luz do princípio da proteção

Abstract

This work intends to analyze the question of labour related to the oil industry when it occurs in platforms and maritime support vessels, within the scope of the Brazilian Exclusive Economic Zone. It is intended, primarily, under the prism of the fundamental principle of Labor Law, which is the Principle of Protection, to verify with the help of the hypothetical-deductive method the possibility of actualizing rights through the normatization currently pertaining to the sector, this against the ambivalent context of the discovery of the possibility of extraction in the "pre-salt" layer allied to the recent crisis in the price of the oil barrel. Initially, a contextualization about the creation and development of the Brazilian oil industry is brought, its expansion into the sea, as well as the characteristics of the maritime space where most of the exploration in the country occurs: the Exclusive Economic Zone. Next, starting from the 1988 Federal Constitution, the system of labour protection in Brazil is approached, its importance and principles, its dialogue of sources and the particularities of the offshore work, which incurs in the need of a specific protection. After, aspects on the intense outsourcing to which the sector is subjected and on the question of the applicability or not of the labor legislation on the international labour contracts, which are common in the area, are analyzed. Finally, we incur in an analysis of the norms, in a broad sense, applicable both to the performance of the oil workers themselves as well as to the crew of the maritime support vessels. This study used the monographic and hypothetical-deductive methods, with a review of doctrine and jurisprudence related to the topic and investigation of the applicable norms, in a broad sense.