Direito do trabalho na Guiné-Bissau: desafios para o trabalho decente

Abstract

The present work stems from the research "Labor Law in Guinea-Bissau: Challenges for Decent Work," based on a brief study of labor history during Portuguese Guinea and labor laws in Guinean legislation. The reality of labor in then Portuguese Guinea served as a means of "civilization" for the indigenous population, compelling them to have their own means of survival. To legitimize their claims, the colonial regime enacted special laws mandating compulsory labor for the indigenous people, with their will represented by the Curator, deeming them incapable of deciding their own destinies. The idea of introducing free labor by Sá da Bandeira faced numerous criticisms, leading to its early weakening. Later, one of the critics of the freedom idea, António Ennes, chaired a commission that produced the Mozambique report, materializing the principle of coercive mandatory labor only for indigenous people to achieve progress in the colonies. In light of this, the research aimed to analyze the challenges for decent work in Guinea-Bissau, focusing on promoting work, valuing labor, and the fundamental right to dignified work. The National People's Assembly (ANP), along with society itself, proposes the drafting of a new Constitution, suggesting alignment with historical constitutions like the Mexican Constitution of 1917, the Weimar German Constitution of 1919, addressing fundamental rights, similar to the Brazilian Constitution of 1988, shaped based on both constitutions in the field of social rights. To achieve the proposed objectives, bibliographic and documentary research methods were used, approached through deductive reasoning, involving literature review and interpretation of legal texts related to the exposed theme. This involves analyzing the description of historical documents extracted from already published legal texts, including decrees, reports, dissertations, published scientific articles, and the New Labor Code of Guinea-Bissau published in the Official Gazette.