Against Karoshi and Birôla: analysis of the effectiveness of protective mechanisms against excess of working hours in Brazil as a guarantee for the fundamental right to health

• Autor(a) principal: Braz Mehanna Khamis, Renato
• Data de Publicação: 2021
• Outros Autores: Kozyreff, Alan Martinez
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/19587
• topic: efetividade; proteção; excesso; jornada de trabalho; direito à saúde; effectiveness; protection; excess; working day; right to health

The present study aims to analyze the excess of working hours in Brazil, as well as the effectiveness of the legal mechanisms available for the protection of the health of the worker subjected to these conditions. Aiming at reaching the proposed goal, the evils will be presented to the health of the worker when exposed to a large number of working hours, initially taking as a comparative parameter the cases of karoshi and karojisatsu – death due to exhaustion due to working hours in Japan and in other countries Asian countries. In addition, statistical data and concrete cases of excessive work in Brazil – including death (birôla) – will be presented and, finally, the existing mechanisms for the protection of the worker's health against overwork will be analyzed, in order to allow a critical analysis of their effectiveness in concrete cases. In order to do so, the historical-critical research method was used in a first quantitative and descriptive way – instead, from the available quantitative data, it describes the problem in Japan and Brazil – and, in a second, qualitative and applied one – because it qualitatively analyzes the mechanisms and results oriented towards their implementation in concrete cases. The bibliographic and normative procedures were adopted, as supported by normative and theoretical references published in written and electronic media.