Navegando por Assunto "Meio ambiente do trabalho"

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Acesso aberto (Open Access)
Aplicação do princípio jusambiental do poluidor-pagador às situações de trabalho análogo ao de escravo
(Centro Universitário do Distrito Federal, 2019-04) MARANHÃO, Ney Stany Morais; MESQUITA, Valena Jacob Chaves; GARCIA, Anna Marcella Mendes
It is started on the hypothesis that work in slave-like conditions constitutes a labor-environmental pollution modality, attracting, as a consequence, all the rich normative estuary that gives substance to the Environmental Law in benefit of the adequate legal protection of the balance of the work environment. In this line of reasoning, the legal potentialities resulting of incidence of polluter-pays principle at this peculiar type of environmental damage are questioned. The research is qualitative, eminently bibliographical, and the hypothetical deductive method was used to test the initial hypothesis, confirming it.
Acesso aberto (Open Access)
O direito fundamental ao meio ambiente do trabalho equilibrado em face da monetarização dos riscos: a análise do caso dos trabalhadores do Projeto Salobo desenvolvido no Sudeste do Pará
(Universidade Federal do Pará, 2017-04-28) VIEIRA, Lucas Rodrigues; NASSAR, Rosita de Nazaré Sidrim; http://lattes.cnpq.br/2092928958819725
The present dissertation deals with the problems related to the ineffectiveness of the fundamental right to the environment of work, especially due to the adoption of a purely monetarizing policy of risks that is only concerned with financially compensating workers for exposure to agents harmful to their life and health, As verified in the labor demands related to the Salobo Project developed in the Southeast of Pará. Thus, the main objective of the work is to verify the legal instruments that can be used to promote a healthy labor habitat for employees, as a way of protecting physical integrity and consequently reduce the rates of industrial accidents and occupational diseases, to the detriment of discussions restricted to the imposition of additional remuneration (additional to insalubrity and dangerousness) that do not serve to encourage the adoption of medical norms and security job. For this, the dissertation carried out a survey of the doctrine and the national and international legal order, as well as qualitatively analyzed four judicial processes of the Salobo Project judged by the Regional Labor Court (TRT) of the 8th Region in the last two years. The work was constructed in three chapters. The first chapter addressed the definition, characteristics, and functions of fundamental law norms, based on the thoughts of Robert Alexy. Subsequently, historical, conceptual and legal aspects related to the work environment. The second chapter discussed the formation of the risk society, according to Ulrich Beck's theory. After that, the main risks arising from the work activity were discussed and the policy of mere monetization of environmental risks at work was discussed. Finally, the third chapter examined the working conditions of workers in the Salobo project developed in Southeastern Pará, based on lawsuits that were processed in the TRT of the 8th Region, and pointed out the alternatives to the realization of the fundamental right to the environment of balanced work. In conclusion, the research verified that the workers of the mentioned project were exposed to risks to their well-being, but only monetizing instruments were used that do not alter the conditions of the working environment, not making use of preventive and precautionary measures, such as, for example, inhibitory tutelages combined with temporary emergency orders.
Acesso aberto (Open Access)
Trabalho escravo urbano na construção civil: condições degradantes e a experiência do operariado vinculado ao sindicato dos trabalhadores da indústria da construção civil e em frentes de obras em Belém do Pará
(Universidade Federal do Pará, 2015-05-20) MARTINS, Omar Conde Aleixo; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This work is situated in the context of legal discussion about the labor analogous to slavery in its urban occurrence, bringing to debate the issue of forced labor in civil construction, specifically by one of the crime execution modes, namely the degrading conditions work. Thus, the main objective of the research was to investigate to what extent the social and legal reality of work of construction workers in Belém/PA, from the very perception of these about their social rights, appears as forced labor urban under the focus of degrading conditions. Was used to achieve the proposed objective, the literature search in books, periodicals and journals, as well as a case study concerning forced labor in civil construction, recognized judicially, in the city of Americana/SP; finally, closing the methodological framework, we used the field research through interviews structured and interviews by guidelines with members of state institutions devoted to combat slave labor, and, especially, with civil construction workers to work fronts in Belém/PA and the head office of the Labor Union category, in the same city. The work is divided into three chapters and begins with a visit to the sociological understanding around the city and its impacts in urban labor relations, succeeding a discussion about the slave labor in Brazil and its theoretical and normative pillars, both those from the international standards, as those derived from art. 149 of the Penal Code, which defines the delict device to reduce others to work analogous to slavery, ending with reflections on the essentially urban manifestation of the delict under investigation. Secondly, again moves by the sociological universe to capture some capitalist components of contemporary industry, in addition to the implications arising from the social profile of the slave worker and the typical civil construction worker; closes the chapter with an analysis on the legal concept of degrading conditions and the case study that once announced on forced labor in civil construction. Finally, in the third chapter, we present the field research carried out and the reflections and conclusions drawn from the research as well as a discussion of coping policies to modern-day slavery, their effectiveness and what may be proposed from the crime of study in its urban occurrence, more precisely, in civil construction. The research found that, even if the working conditions of workers interviewed did not characterize submission to degrading conditions, several peculiarities of the service in civil construction need to be considered in assessing, or not, of degrading work, as they may represent aspects of social rights violations and, depending on the case, affront to decent work and the dignity of the human person, grounds protected by the seal to undergo a human being to degrading working conditions.
Acesso aberto (Open Access)
Trabalho intermitente e riscos psicossociais: análise da lei brasileira à luz do direito fundamental ao meio ambiente do trabalho equilibrado
(Universidade Federal do Pará, 2020-10-16) ALMEIDA, Cynthia Campello Rodrigues de; MARANHÃO, Ney Stany Morais; http://lattes.cnpq.br/5894619075517595; https://orcid.org/0000-0002-8644-5902
This present research aims to identify if the legal regulation of intermittent work introduced into the Brazilian legal order by the Law number 13.467/2017 implies in intolerable psychosocial risks to the workers submitted to this contractual modality. Therefore, it is made an initial overview about the intersection between Environmental Law and Labor Law to define the importance of a balanced work environment as guarantee of mental health protection to the people who are exposed to certain legal and labor contexts. Then, it is analyzed the legal order of intermittent work in foreign experiences, such as Italy, United Kingdom and Portugal, and then compared to the Brazilian legislator choices, to realize what are the motivation to the rule alteration, if there was flexibilization in the labor rights, and if the changes matter in consequences for the balance of the work environment and health of the intermittent workers. Finally, the psychosocial risks involved in the legal regulation of intermittent work are analyzed, what legal treatment is given to these potential attackers of mental health in national legislation, and the implications to the mental health for the intermittent worker. This is a theoretical work, and the hypothetical-deductive approach was used. The research was the descriptive type and was structured through the monographic method, using bibliographic and legislative research, and the data were analyzed by the qualitative content. The achieved results show that the legal order of the intermittent work contract by the Law number 13.467/2017 implies in intolerable psychosocial risks to these workers. As the analysis of Labor Reform shows that the speed in its approval and the lack of discerning studies about the changes to be implemented brought direct repercussion for the balance of the work environment and the workers’ mental health, making it difficult to enforce the fundamental workers’ social rights presents in the Republic Constitution of 1988. Thus, it is concluded that the Brazilian legal order about the intermittent work can bring intolerable psychosocial risks to the workers who are inserted in a working environment ruled by this modality.