Direito fundamental ao meio ambiente do trabalho : tutela e prevenção no ordenamento jurídico brasileiro

• Autor(a) principal: Azevedo, Luiz Antonio Schmitt de
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/4268
• topic: DIREITO; DIREITOS SOCIAIS; DIREITOS FUNDAMENTAIS; DIREITO AMBIENTAL; PREVENÇÃO (DIREITO); CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis has the goal the search for mechanisms that have the possibility to provide an effective protection to the fundamental right of the environment in the work place (environment), using as north the range of the harmonic right to an healthy and balanced environment combined with the social and work rights expressed in the Brazilian constitution. To begin with, we searched a way to demonstrate the necessity of this protection in front of the today s situation of the workers, which are exposed to lots of risks in this new modern way of production that is determined by the market economy. From this first panorama, this paper will try to demonstrate the path of the social rights conquer as well as the healthy environment rights, focusing the approach on their fundamental rights status in the Brazilian Constitution that is the theme of our first chapter. At the second chapter, we hope to point the elements in our national law order (although they have international law sources), and how they manage to protect the fundamental rights. The analysis of this instruments will due in three parts; the first one is to range the regulations that object to protect the work environment. After, it will be made an identification of the manners en employer can be responsible in cases of moral harassment, work accidents and unhealthy work place. At the end, having in mind the principles of Environmental Law the prevention principle , we propose a constitutional interpretation of the article 160 of the CLT, whose objective is to inspect the work places that can cause risks to the health of security of the workers. From this legal instrument, we question the possibility of an effective damage prevention caused in the work place environment, reaching the protection of this fundamental right.