APPLICATION OF BRAZILIAN LEGISLATION TO CRUISE SHIP CREWS Juliana Guesse, Rafael Pedrosa

Abstract

The present study aims to reflect on the conflict of competence when a crew member is hired in Brazil to work on a foreign cruise ship, where activities are carried out in national and international waters. We will discuss the position of shipowners who seek to depart from the national regulations, mentioning international standards and conventions. One of them is the Flag Law, which states that the labor relations of ship crews are governed by the rules of the vessel's place of registration. On the other hand, we will deal with the possibility of non-application, as it is not absolute, and may be removed based on the center of gravity principle, due to the fact that the crew member was hired in Brazil. We will also highlight the current position of the Superior Labor Court (TST), since seven of the eight Panels have consolidated a majority understanding, rejecting the application of the “Pavilion Law”, an international law ratified by Brazil in 1929, which determines that The law of the place where the vessel is registered applies to workers. Thus, based on law no. 7,064/82, article 3, II, Brazilian labor legislation must be applied to workers who, although hired in Brazilian territory, work on foreign-flagged ships that sail on the high seas. The Subsection Ministers | Specialized in Individual Disputes of the Superior Labor Court, they unanimously agreed to establish the incidence of Brazilian labor protection legislation, in that which is not incompatible with the provisions of Law No. 7,064/82, when more favorable than territorial legislation, in set of standards and in relation to each subject.