A seletividade da lei: a não criminalização da prática de retenção dolosa de salário

Abstract

The Federal Constitution of 1988 instituted mechanisms to protect the collective and fundamental interests inherent to the human person in the work environment. Among these mechanisms is wage irreducibility, which prevents contractual changes aimed at reducing wages, and wage intangibility, which prevents undue discounts on wages. This monograph is based on the inertia of the legislature in not typifying the conduct of intentionally withholding wages, since such a practice is present in the criminalization warrant of the constitutional charter in article 7, item X. These mechanisms were established to protect workers and to guarantee their rights, but even so, the practice of intentional wage withholding was not typified in the Penal Code. This legislative inertia has been a concern for the legal community, as the lack of classification of this crime leaves workers vulnerable and without adequate protection. The general objective focuses on analyzing the legislative omission in the face of the constitutional commandment of protection of the worker, regarding the non-typification of the practice of intentionally withholding wages. Finally, in the present research, it is proposed to investigate the reason why the conduct of fraudulently withholding wages has not yet been typified in infraconstitutional legislation, causing several problems for the worker, such as the lack of legal protection against this practice, the difficulty of obtaining compensation for damage caused and the lack of incentive for employers to avoid this conduct.