Direito internacional privado, direito de integração e contratos transnacionais de trabalho: breves considerações sobre a regulamentação brasileira

Abstract

The article addresses the main challenges related to transnational employment contracts, highlighting how international private law, social security, and tax regulations strive to balance jurisdiction between home and host countries. However, it is noted that commitments made in treaties, protocols, and conventions are often disregarded by countries, which prioritize their own unilateral domestic labor laws. The text uses Brazil, MERCOSUL, and the European Union as examples to illustrate the impacts of this approach. In MERCOSUL, labor regulations face barriers that prevent the unification of labor relations and hinder the bloc's development. In the European Union, despite advances in legislative harmonization, the need to protect posted workers leads states to adopt unilateral measures that undermine the idea of regional unity. In Brazil, despite the existence of a consolidated regulatory framework, the regulation of cross- border labor relations remains fragile, resulting in the weakening of legal mechanisms and a lack of prominence within the MERCOSUL context.