A convenção 189 da Organização Internacional do Trabalho (ILO) e o decreto presidencial 10.088/2019

This paper aims to analyze the legal effects of the eloquent silence of Presidential Decree 10.088/2019, regarding the application of the Convention and Recommendation 189 of the ILO in the brazilian legal system. Will be demonstrate that the international standard, duly ratified, that deals with matters related to human rights, is fully in force in Brazil, despite the Executive Branch's choice to omit it from Presidential Decree 10.088/2019. Considering the importance of the ILO instrument, which reinforces the promotion of decent work for around seven million brazilian’s housekeeper, the analysis of this theme is justified. To achieve the proposed objective, the methodology applied was the theoretical-documentary research, with a deductive technique, using a qualitative method, to bibliographic and documentary research, with the analysis of important works on the subject, as well as the law and the jurisprudence. Considering that the Convention was endorsed by the Brazilian Parliament, being a manifestation of the will of the people, it is understood that the judiciary must declare, as soon as possible, the unconstitutionality of Presidential Decree 10.888/2019, to exclude any possible doubt about the applicability of ILO Convention 189 in the brazilian legal system, as well to avoid possible penalties and conflicts with the International Labor Organization.