Substantive Law Applicable to International Employment Contracts Entered Into by Brazilian Workers, in Light of Domestic Case Law and International Treaties

Abstract

Based on the principle of territoriality, Brazilian labor laws automatically apply to employment contracts executed in Brazil, aiming to protect workers due to their insufficiency, as a true “police law”. However, due to the increasing advancement of means of transportation and communication provided by globalization, even in the face of the apparent rigidity regarding the substantive law applicable to international employment contracts involving Brazilians, several questions have arisen about the possibility of applying foreign law to employment relationships involving Brazilians, especially when the employment contract is entered into or executed outside the country. Based on the analysis of the brazilian jurisprudence, it was noted that in certain contracts the rules of the place of execution of the contract are applied, in others the law most favorable to the worker is applied, while in the case of work on board ships and vessels, the law of the legal system that has the greatest connection with the employment relationship is applied.