Abstract
In the Brazilian context, labor criminal law has not received the deserved attention by the specialized doctrine, although the judicial statistics demonstrates that delinquent behaviors has been increasing and sophisticating, as much in the private sphere as in the public sphere. In the same way, judicial precedents about this subject are frequently poor and divergent. In the others South American countries, the situation does not tend to be more promising. The normative anachronism and the ideological resistance coexist in the legislative dimension. To promote with maximum effectiveness the constitutional sublimation of the social value of the labor (article 1º, IV, of the Brazilian Constitution) and to reduce the index of violence in the labor relationships are objectives that demand, in the perspective of the positive general prevention, the revision of the ideological founding in the base of the debate about the labor criminal protection until the decade of 1990.
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