Trabalhadores do sexo: da possibilidade de garantir direitos trabalhistas sob a ótica da regulamentação da profissão e o posicionamento do Tribunal Regional do Trabalho da 4ª Região

Abstract

This dissertation has as its main object sex workers and the possibility of guaranteeing labor rights from the regulation of the profession and, once possible, as the Regional Labor Court of the 4th Region has faced the matter. It is known that prostitution is considered one of the oldest professions in the world. Given this, there are numerous situations to which these people are subjected, including the violation of rights arising from their sexual work. Thus, the present paper seeks to address the history of these workers by conducting a study of the possible labor rights that arise from the provision of services of a sexual nature. Addressing the issue of prostitution is truly difficult in view of the very nature of the sexual act, as it is ascertained through a cash payment, which disgusts the average morale of society. On the other hand, it becomes even more complex, since the subject involves from legal aspects to religious approaches. Indeed, society in general, for various reasons, is not yet shaped to understand prostitution as any profession, stripped of the strong moralistic burden, whose burden has been borne by sex workers for centuries. However, it’s possible to verify the possibility of regulating prostitution as a job. In the same way that the rendering of services of a sexual nature uses the body as a work tool, countless other occupations, considered as normal, make use of the body as a work tool. Even though there is still no legal provision that recognizes prostitution as a legal form of labor, several labor courts have been granting rights arising from the activity, such as the Regional Labor Court of the 4th Region. Among the guaranteed rights we can highlight the signature in the work card, vacation, thirteenth salary etc. In view of this, a broader Bill is needed, encompassing sex workers more broadly, such as the bill proposed in this dissertation. This paper is divided into three chapters. The first chapter addresses the historical aspects of sexual service provision activity to the present day, as well as a brief analysis of the fundamental rights inherent in sex workers. Already the second chapter enters the criminal aspect of prostitution, which is subdivided into four subchapters. The last chapter mentions prostitution and labor legislation, addressing the performance of the Labor Court, especially the Regional Labor Court of the 4th Region, and the application of Labor Law by virtue of this professional activity. Finally, after intense research on the subject, as an annex, a bill was proposed for sex workers. In terms of methodology, for the accomplishment of this research, the dialectical approach method and the monographic procedure method are used. The research aligns with the area of concentration of the Graduate Program in Law of the Federal University of Santa Maria, namely, “Emerging Rights in the Global Society”. In addition, it is related to the research line “Socio-biodiversity Rights: Development and Dimensions of Sustainability” which is linked to the same program, as this research addresses issues involving social sustainability focused on an emerging right.