A responsabilidade objetiva do empregador à luz da proteção constitucional conferida ao meio ambiente do trabalho

Abstract

The importance of social rights is unquestionable: in the very reason for existing of the Federative Republic of Brazil, founded on citizenship, human dignity, social values of work and free initiative; in its fundamental objectives to construct a free, fair and supportive society, to eradicate poverty and marginalization, to reduce social and regional inequalities and to promote the good to all; in recognize, at the global level, the prevalence of human rights and duty of cooperation among peoples for humanity’s advancement. Labor-environmental protection, read from the macro principle of dignity of the human person, must find ways to guarantee the responsibility of the employer regarding affectations occurred in labor environment, in all nuances. In this sense, it is proposed an adequate constitutional reading to recognize, from the scientific autonomy of Environmental Labor Law, a microsystem of objective civil responsibility able to charge employer-polluter when he’s polluted the labor environment. The critical-methodological and legal-propositional methods were used, from hermeneutic eye to a critical analysis capable of orienting the proposed microsystem. Concluding, in the end, for practical need of its application as a way to protect and promote dignity of the human person.