Direito de recusa ao trabalho com riscos graves e iminentes: O paradoxo entre o direito positivado e a prática no trabalho dos eletricitários que atuam em uma empresa estatal de MG

Abstract

The present research has as its central axis the approach on the subject of the right to refuse to work with serious and imminent risks. Thus, we seek to discuss, present and identify its main contradictions and complexities in the work relationship that presents serious and imminent risks, favoring the point of view of effective electrical workers who work in the city of Belo Horizonte/MG, more specifically in the technical area. and maintenance of high voltage energy for a state-owned company in the state of Minas Gerais. The theoretical-methodological framework will have work as a central analytical category (Marx, 1985; Saviani, 2006; Antunes, 2018), the educational principle of work (Gramsci, 1995; Saviani,1994; Santos, 2004; 2010), health and work safety (Calvo, 2020; Freitas, 1994; Lima, 2015, Calvo, Ferreira, Cunha and Mendes, 2020) and labor law (Viana, 1996; 2000; 2017, Saraiva, 2017, Delgado, 2017). The methodology used has as its main bias to make a descriptive approach, with analyzes and interpretations within the perspective of qualitative research, in addition to a bibliographic review. Semi-structured interviews were carried out remotely and in person with electrical workers on the company's active staff between May and September 2022. The interviews sought to identify how workers perceive and use the right of refusal in the daily practice of their work, presented as a possibility of being used as an instrument of safety, health and preservation of life. The research showed that the right of refusal is a complex and paradoxical issue in the sense of being a positive right, but that still does not bring guarantees to the worker and that little is used for their benefit. Finally, we present, as a proposal for a product or educational resource, a booklet aimed at electrical workers, whose content will aim to inform about the right to refuse work, safety and well-being in the work environment.