(A Contribuition to a Critique of the Ideology of Law: A Debate on Fundamental rights

Abstract

This paper is centered in the sociological theory of labor law and legal sociology of workers’ fundamental rights, according to the methodology of critical legal theory of Oscar Correas. The task of sociological theory of labor law is a description of deontic modalities and the behaviors needed for commercial exchange and the use of the labor force. On the other hand, the task of legal sociology of labor law is to verify the compatibility between the deontic modalizators of behavior necessary for the purchase and sale and the use of labor force and constitutional law deontic modalizators in the Brazilian constitutional labor rights (the basic rights of workers in CRFB/1988).