Direito ambiental do trabalho: afirmação de uma sistemática de tutela específica

Abstract

The work environment is specific mention in the text of the Constitution of 1988. This work aims to seek for comprehensive protection of the environment of work, according to a holistic view, paying attention to the specifics necessary able to protect the human worker in the workplace or working conditions which may degrading their health. There is no doubt that standards of health, hygiene and safety, should be applied to all workers, regardless of legal relationship to which it is subjected, including that linked to a statutory legal relationship with the Public Administration. The present study was based on deductive research based analysis of national and international legislation on environmental protection work, the literature of environmental issues, in addition to assessing the consequences of the decisions of the Supreme Court of the collective actions have as object the requirement of compliance with environmental work by the Government. From this analysis, came to the conclusion that there is a notorious lack, in most cases, the requirements and studies, environmental permitting of projects related to the health of the environment of work. Regardless of whether there is specific provision requiring the assessment of impacts at the time of installation of enterprises, working conditions, to which workers are subjected to the start of activities to be undertaken, the previous environmental impact studies should be performed contemplating the environment of work, because the weather in the Constitution that the environment of the work covers the environment, imposes no doubt that the environmental inspection agencies shall require technical reviews to ensure compliance and compliance with specific standards of protection environmental work. Thus, we emphasize the recognition of the need for specific protection to protect the environment of work place in which the human being spends much of his life and / or develop their service delivery through working conditions established by the policyholder services.