Em busca da efetividade do direito fundamental à saúde e segurança no trabalho: uma contribuição para a implementação da Política Nacional de Segurança e Saúde no Trabalho

Abstract

Nowadays, the workplace accidents both in the global context and the national context are a problem that afflicts all of the interveners of the labor relations, mainly the workers, immediate victims of the injuries caused by the labor misfortunes. The struggle to overcome this social evil and ensure the conservation of the physical, mental and social integrity of the workers is a challenge faced by the various labor institutions. Aiming to comprehend the difficulties faced by these institutions in the national context and in order to overcome the recrudescent number of workplace accidents this essay intend to evaluate the various legal rules about occupational safety and healthy and to understand its deficiencies and lack of effectiveness. The methodology used followed the deductive method starting from the evolutionary analysis of the tutelage of the occupational healthy and security as well as of the principled and dogmatic understanding about the theme. Moreover, a systematic analysis of the international rules and guidelines was held especially about the International Labour Organization (ILO) as well as about the current national laws in its constitutional and legal aspects. Therefore, improvement proposals were traced intending to support the pursuit of the overcome the high number of the workplace accidents that afflicts the whole Brazilian society.