Labor law as a social justice right: A dialogue with Nancy Fraser
Authors
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Cleber Lúcio de Almeida
Pontifícia Universidade Católica de Minas Gerais, Brasil
https://orcid.org/0000-0001-8345-825X
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Wânia Guimarães Rabêllo de Almeida
Faculdade de Direito e Negócios CEDIN, Brasil
https://orcid.org/0000-0003-1945-0557
Abstract
Labor law legalizes and legitimizes capitalism, a production system that has as one of its central characteristics the accumulation of capital also through the commodification of human labor, but, at the same time, seeks to protect workers in the context of this system, which demonstrates its ambivalence. This article aims to answer the following question: does labor law, by seeking to protect workers, contribute to the achievement of social justice? To this end, the doctrine of Nancy Fraser is adopted, who, defining the substance of social justice, attributes three dimensions to it, namely, distribution, recognition and participation. The article, adopting the inductive method, with bibliographic and documentary review, demonstrates that labor law constitutes a right of social justice, which encompasses the dimensions of distribution, recognition and participation, which also serve to critically analyze actions and conduct that weakens or neutralizes the protective action of labor law.
