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O Princípio da Precaução e o Meio Ambiente do Trabalho
(Universidade do Estado do Amazonas, 2011-04-11) Camargo, Thaísa Rodrigues Lustosa de; Melo, Sandro Nahmias; Melo , Sandro Nahmias; Damas, Edson; Dantas, . Aldemiro Rezende
This paper discusses the implementation of the precautionary principle to labor environment. The study was conducted through the analysis of international instruments and Brazilian legislation, and the structuring principles of environmental law, the concept and characteristics of the labor environment to achieve aspects of theoretical and practical applicability of precaution in the courts, based on analysis of jurisprudence and two case studies. In this context, it was found that precaution is one of the structuring principles of environmental law, not to be confused with the principle of prevention, although some authors still do not treat them as autonomous principles. It was noted that the law recognizes the precautionary principle, including its application to labor environment, despite having been found minor jurisprudence and terminological inaccuracies indicating some confusion between precaution and prevention. In the end, it was concluded that the application of the precautionary principle to the protection of labor environment is already a reality in Brazilian courts and essential for: healthy environment, health, safety and worker's life.