ENTRE A LEI DO PAVILHÃO E A NORMA MAIS FAVORÁVEL: COMPETÊNCIA DA JUSTIÇA DO TRABALHO E LEI APLICÁVEL A TRIPULANTES BRASILEIROS EM NAVIOS DE CRUZEIRO

ABSTRACT This article examines the application of Brazilian labor law to seafarers on foreign ships, particularly under “flags of convenience,” by analyzing national legislation, international treaties, and the principles of the Center of Gravity and the most favorable rule. A qualitative and deductive approach shows that the repeal of TST Summary 207 established the primacy of the most favorable norm (Art. 7, CF; Art. 3, II, Law No. 7,064/82), even over the Flag State law, and that the Brazilian Labor Court has jurisdiction to hear such claims (Art. 114, I, CF). The study concludes that the effective application of protective legislation safeguards the dignity and rights of seafarers while aligning legal protection with the economic development of the maritime sector, which generated approximately BRL 1.5 billion in the 2021/2022 season, in accordance with the principle of the supremacy of human rights. Keywords: Maritime Worker, Flags of Convenience, Most Favorable Rule, Jurisdiction, International Labor Law.