CLÁUSULAS SOCIAIS NOS ACORDOS INTERNACIONAIS DE COMÉRCIO: UMA SOLUÇÃO OU UM PROBLEMA

Resumo

This article proposes to examine the issue of the inclusion of social clauses in international trade
agreements, with a view to ensuring certain global labor standards. At the introductory level, the
concept of the social clause will be analyzed, as well as the historically presented arguments to justify
its insertion in international trade agreements. At this dogmatic level it will be examined how this
mechanism may or may not be effective in ensuring that labor issues related to the abolition of forced
As cláusulas sociais nos acordos internacionais de comércio: uma solução ou um problema pág. 02
labor, the abolition of child labor, the abolition of employment discrimination, the existence of healthy
work, minimum wages, limited working hours, health and safety at work, are properly taken into
account in concluding trade agreements in the increasingly integrated world economy. With the scope
of facing the competition promoted by low labor costs, it has been proposed the insertion of social
clauses, which presuppose the existence of minimum rules. In this context, its justification and
effectiveness are analyzed, as well as the problems raised by its critics. In fine, it is intended to
conclude whether the social clause can be justified for some justifying reason. Firstly, by the need for
labor protection in the management of economic activities in favor of human rights. Secondly, by the
need to change the development paradigm, based on the long-term stimulus of economic profits
rather than on a vision of immediate and short-term profits. Thirdly, to promote the raising of
competition as a way of ensuring sustainable development. The conclusion will try to absorb these
motives critically, given the different stages of development of countries, taking into account the
damage that may result from the introduction of the social clause in developing countries.