O lazer e o trabalho: apontamentos para a delimitação do conteúdo essencial do direito ao lazer pela limitação do tempo de trabalho

Abstract

This article aims to understand the origin and reasons for the right to leisure and its relationship within the Brazilian legal system, especially with Labor Law. As a parameter for the analysis, we adopt the contribution of Virgílio Afonso da Silva in his work "Fundamental Rights: Essential Content, Restrictions and Effectiveness", regarding the proposed model of factual support and essential content of fundamental rights. With his considerations, we seek to understand and critically analyze the core of the right to leisure within the scope of Labor Law, based on the limitations and restrictions provided by law. In order to understand the provisions, qualitative research, with a comprehensive and critical character, uses legal, doctrinal and jurisprudential sources, with an emphasis on the essential core model proposed by the author of the work. It is concluded that understanding the factual support of fundamental rights in constitutional and sub-constitutional norms is relevant to avoid the complete suppression of the right sought to be protected.