Publicação
Influência da OIT no direito do trabalho em Moçambique
| Resumo: | Slavery formed the soul of the economic system of the ancient world. It began in Europe during the Modern Age. The slave trade and slavery almost always walked hand in hand. The slave trade emerges in the sixteenth century, when the needs of grub and exploitation of the American land started, coupled with the lack of skills and inability of the Native Americans. This triggered the need to start importing African labour, which intensified particularly in the seventeenth and eighteenth centuries, extending it into the nineteenth century. It was only in this last century that the first rules of international law were formed, aimed at suppressing the slave trade. In the twentieth century, we have witnessed the growth of the welfare state in most developed countries, and England has been the paradigm of this movement. The global village in which man lives; Portugal was subjected to this movement, whose imagination was associated with the idea of homeland to the myth of possession of an overseas empire whose extension and wealth was beyond its limitations within the context of a small nation in the European Civilization. The universalism of the fundamentals of European civilization, taken to the nineteenth century as unquestionable, and the idea of the civilizing their colonies, both from a religious and secular point of view, was no longer shared by the main colonial interests of the twentieth century. Portugal, hesitantly, even with isolated actions, slowly began to register within itself signs of a social state, which began with the abolition of the slave trade and slavery. Nevertheless, in the age of indignation, there was still abuse made possible by signed contracts. Despite being legally prohibited, the Portuguese colonizers used to exercise excessive corrective force upon the indigenous people simply because they were seen as wild animals, agricultural machines, without any rights or privileges. The underlying mission of the Portuguese civilization programs in Africa was to shape the body and soul of the native people to naturally embrace exploitation. Whilst Portugal witnessed outside accusations cantered on the Portuguese indigenous colonial labour model, the administration was considered ineffective and corrupt, without any change, no pause, no hope, but at the same time, the evidence of an intense rush of laws, the Peace Conference held in 1919 at the Palace of Versailles led to the ILO. With the constitution of the ILO created there was born the International Labour Law, in order to sustain and develop the national rights of labour that without their support would have died in its mission to protect employees within the context of that time. Despite all the pressure, despite being a member of the ILO, Portugal continued to practice much akin to slavery until just before Mozambique's independence. The way Portugal will deal with the vast numbers of ILO standards, as formally accepts, as timidly receives, as it rejects, in Mozambique, becomes the first epicenter of our work. The new Mozambican state, born with the collapse of Portuguese colonialism, became a member of the ILO in 1976. The second Republic of Mozambique, which rises to break the Constitution of the Republic of Mozambique, of 1975, continues with its obligations under the ILO Constitution, until then, Mozambique has ratified eighteen conventions, of which eight are considered by ILO as fundamentals. Enumerating ten major themes ILO - Duration and termination of service rendered, work compensation, protection, safety and hygiene at the work place, paid annual leave, social security, special conditions of work (special rights for working women, the work of minors and people with disabilities); collective bargaining and strike, unions and workers associations and employers, labour inspection, service organization of employment and labour justice; traverse the Convention and other ILO action, asking if whether Mozambique ratified, if simply adopted its content or rejected, meantime whilst using the discipline of logic, we looked to demonstrate how, with those, the ILO exerted influence on the Constitutions, other labour legislation and social and labour programs of an independent Mozambique. In this relationship between Mozambique and the ILO we distinguish two periods - the first, of Employment Law Colonial and second, the post-independence labour law, given that the latter is, in turn, cut into three sub periods, the first constitution of the Republic and the first Labour Law, the second Constitution and the second Labour Law, and to close the third Constitution and the Third Law of Labour. |
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| Autores principais: | Baltazar, Pedro Maciel |
| Assunto: | Direito colonial internacional Direito do trabalho colonial Direito do trabalho pós-independência Moçambique Organização Internacional do Trabalho (OIT) |
| Ano: | 2016 |
| País: | Portugal |
| Tipo de documento: | tese de doutoramento |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | português |
| Origem: | Repositório Institucional da UNL |
| Resumo: | Slavery formed the soul of the economic system of the ancient world. It began in Europe during the Modern Age. The slave trade and slavery almost always walked hand in hand. The slave trade emerges in the sixteenth century, when the needs of grub and exploitation of the American land started, coupled with the lack of skills and inability of the Native Americans. This triggered the need to start importing African labour, which intensified particularly in the seventeenth and eighteenth centuries, extending it into the nineteenth century. It was only in this last century that the first rules of international law were formed, aimed at suppressing the slave trade. In the twentieth century, we have witnessed the growth of the welfare state in most developed countries, and England has been the paradigm of this movement. The global village in which man lives; Portugal was subjected to this movement, whose imagination was associated with the idea of homeland to the myth of possession of an overseas empire whose extension and wealth was beyond its limitations within the context of a small nation in the European Civilization. The universalism of the fundamentals of European civilization, taken to the nineteenth century as unquestionable, and the idea of the civilizing their colonies, both from a religious and secular point of view, was no longer shared by the main colonial interests of the twentieth century. Portugal, hesitantly, even with isolated actions, slowly began to register within itself signs of a social state, which began with the abolition of the slave trade and slavery. Nevertheless, in the age of indignation, there was still abuse made possible by signed contracts. Despite being legally prohibited, the Portuguese colonizers used to exercise excessive corrective force upon the indigenous people simply because they were seen as wild animals, agricultural machines, without any rights or privileges. The underlying mission of the Portuguese civilization programs in Africa was to shape the body and soul of the native people to naturally embrace exploitation. Whilst Portugal witnessed outside accusations cantered on the Portuguese indigenous colonial labour model, the administration was considered ineffective and corrupt, without any change, no pause, no hope, but at the same time, the evidence of an intense rush of laws, the Peace Conference held in 1919 at the Palace of Versailles led to the ILO. With the constitution of the ILO created there was born the International Labour Law, in order to sustain and develop the national rights of labour that without their support would have died in its mission to protect employees within the context of that time. Despite all the pressure, despite being a member of the ILO, Portugal continued to practice much akin to slavery until just before Mozambique's independence. The way Portugal will deal with the vast numbers of ILO standards, as formally accepts, as timidly receives, as it rejects, in Mozambique, becomes the first epicenter of our work. The new Mozambican state, born with the collapse of Portuguese colonialism, became a member of the ILO in 1976. The second Republic of Mozambique, which rises to break the Constitution of the Republic of Mozambique, of 1975, continues with its obligations under the ILO Constitution, until then, Mozambique has ratified eighteen conventions, of which eight are considered by ILO as fundamentals. Enumerating ten major themes ILO - Duration and termination of service rendered, work compensation, protection, safety and hygiene at the work place, paid annual leave, social security, special conditions of work (special rights for working women, the work of minors and people with disabilities); collective bargaining and strike, unions and workers associations and employers, labour inspection, service organization of employment and labour justice; traverse the Convention and other ILO action, asking if whether Mozambique ratified, if simply adopted its content or rejected, meantime whilst using the discipline of logic, we looked to demonstrate how, with those, the ILO exerted influence on the Constitutions, other labour legislation and social and labour programs of an independent Mozambique. In this relationship between Mozambique and the ILO we distinguish two periods - the first, of Employment Law Colonial and second, the post-independence labour law, given that the latter is, in turn, cut into three sub periods, the first constitution of the Republic and the first Labour Law, the second Constitution and the second Labour Law, and to close the third Constitution and the Third Law of Labour. |
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