Abstract

ARAUJO, Clayton Vinicius Pegoraro de; DELBONI, Denise Poiani  and  MIYAZAKI, Silvio Yoshiro Mizuguchi. International Treaties in the Mercosur and its Social Clauses. Opin. jurid. [online]. 2022, vol.21, n.45, e7.  Epub June 14, 2024. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n45a7.

The goal of this work is to identify the existence of social clauses in the international treaties of the Mercosur, since its creation -in 1991- up to 2019, with the intention of understanding if they really manage to reach the minimum effectiveness standards for work between the contracting countries, even with the possible struggle against the social dumping and job precarization. For the development of of this exploratory research, this work adopted, as a methodology, the literature review and the analysis of the international treaties signed within the scope of the Mercosur in the aforementioned period, with a special aim towards the social clauses, further compared to the Convention of the International Labour Organization (ILO). After the analysis of the 163 treaties, the research was able to identify the existence of social clauses in only 33 of those during the timeframe of the research. In comparison to the majority of the treaties, at least they mentioned the social clauses, most of the time the rights provided by the Convention of the International Labour Organization are ignored. They end up making no contribution to the guarantee of a minimum labour condition in the signing countries.

Keywords : social slauses; labor clauses; international treaties; international law; Mercosur.

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