O direito ao meio ambiente do trabalho equilibrado e a (in) aplicação das convenções da OIT sobre a saúde e segurança do trabalhador: panorama jurídico brasileiro de tutela ao ambiente laboral
Protecting the health and safety of workers and the working environment is not a new concern, being directly or indirectly present in the most important human rights documents, both in the areas of global and regional security. In Brazil, the subject was treated on several occasions in the Federa...
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| Formato: | Dissertação |
| Idioma: | por |
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Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/23155 |
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| Resumo: | Protecting the health and safety of workers and the working environment is not a new concern,
being directly or indirectly present in the most important human rights documents, both in the
areas of global and regional security. In Brazil, the subject was treated on several occasions in
the Federal Constitution of 1988 and the ordinary legislation. The main problem of this research
is the discussion about the realization of the right to the healthy work environment in Brazil
under the constitutional and international perspectives in force. On this hand, it is also discussed
the status of conventions related to the issue upon its ratification by the Brazilian state, arguing
that as they dealt with matters of human rights and are in total harmony with the prevailing
constitutional order, they must be considered as part of the catalog of fundamental rights,
enjoying so immediate applicability since its ratification. Moreover, there is a need to expand
the concept of decent work proposed by the ILO, through working conditions to integrate it
formally because of its importance for the implementation of this guideline. Finally, this
research analyzes the Brazilian legal landscape of protection to the working environment, with
the need to interpret the intern legislation concerning the theme from the realization of
constitutionality and conventionality controls, given that the ILO conventions, after being
ratified and in force, can only cease to be applied in the event of more favorable domestic law,
which does not occur in the case of Brazil. It also discusses the role of each being legitimized
for the realization of the right to the environment healthy work, pointing out the changes
necessary for its realization. |
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