The Maritime Sector

44THE GOOD PRACTICES OF LABOUR INSPECTION IN BRAZIL:Box 6: The Primacy of Reality PrincipleTHE MARITIME SECTOR• Brazilian labour law is guided by the principle of the primacy of reality,which means that concrete situations, and not only formal aspects, mustbe taken into account in order to establish if a working relationship exists.This principle is particularly important in the fishing sector, in which labourrelations are often disguised as different cooperation arrangements orpartnership contracts.• Articles 2 and 3 of the CLT stipulate that if the following attributes areverified – personality, non-eventuality, subordination, and rewarding – alabour relationship will be configured.• Partnership contracts are a mode of remuneration used in the fishing sectorin Brazil and in other parts of the world in which the catch is divided amongfishers and the owner of the fishing vessel. Usually the owner receives thelargest share. The Brazilian legal order acknowledges this practice but considersthat it does not exempt employers from conforming to labour norms.The extinction of the Maritime Labour Precincts in 1989 led to theinterruption of maritime inspection which entailed the worsening ofworking conditions in the fishing sector. It was only in the mid 1990s thatthe maritime labour inspection initiated its trajectory of consolidation.This coincided with public initiatives in the sector, creating sharedinterests for coordination.During this new phase, the MTE designed a policy based on theconvergence of the efforts of several government agencies, privatesector actors and labour representatives. It has placed great emphasison social dialogue and resource efficiency.4. The Inspection StrategyThe general strategy adopted by the Brazilian inspection system in thefishing sector is divided into two fronts.The first one focuses on more sophisticated and larger industrial fishingvessels, such as those used in open-sea fishing. In these cases, inspectionverifies minimum conditions of decent work and also the full extent of safetyand health standards established by Annex I of Regulatory Norm no. 30.A second front of inspection gives priority to the identification andinspection of vessels that are not as modern, focusing primarily