INFORMALITY AND PRECARIZATION OF WORK IN THE DIGITAL ERA: CHALLENGES TO THE DIAGONAL EFFECTIVENESS OF FUNDAMENTAL RIGHTS

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Luciano Carvalho

Abstract

This article analyzes the new forms of work in the digital world and how they affect the diagonal effectiveness of fundamental rights in labor relations. Specifically, the evolution of the theory of the effectiveness of fundamental rights was examined; new forms of work in the digital world were investigated and Finally, the impacts and challenges arising from these new forms of work in the scope of the effectiveness of fundamental labor rights were investigated. The methodology used was a qualitative and descriptive review of literature and document analysis. The results of the research showed the historical evolution of the protection of fundamental rights, from its vertical effectiveness between the state and the individual, to the horizontal and diagonal effectiveness, which cover the relations between individuals and especially in the labor context. In addition, it was seen that with the technological advance and expansion of neoliberalism, new challenges arise in labor relations, such as precariousness and informality, especially in mediating work by digital platforms. The final considerations mention how the dynamics brought by new forms of work weakens labor guarantees, promoting degrading working conditions. The need for state intervention to regulate these new forms of work and protect workers' fundamental rights in the digital age was highlighted, preventing flexibility from being used to justify exploitation and vulnerability of workers.


Keywords: Digital. Precarization of Work. Informality. Diagonal Effectiveness. Fundamental Rights.

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CARVALHO, Luciano. INFORMALITY AND PRECARIZATION OF WORK IN THE DIGITAL ERA:: CHALLENGES TO THE DIAGONAL EFFECTIVENESS OF FUNDAMENTAL RIGHTS. Revista de Direitos Fundamentais nas Relações do Trabalho, Sociais e Empresariais, Florianopolis, Brasil, v. 10, n. 2, 2025. DOI: 10.26668/IndexLawJournals/2526-009X/2024.v10i2.11004. Disponível em: https://indexlaw.org/index.php/revistadireitosfundamentais/article/view/11004. Acesso em: 3 apr. 2025.
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