A responsabilidade das empresas por danos ao meio ambiente do trabalho.

Abstract

This monograph brings to light one side of the environment is relatively new in legal scenario, it is the working environment, making a careful study in order to raise the kinds of legal liability that the employer is subject when it hurts the environment made available to its employees to develop the daily working activities, and discussing therefore reflected on the damage that affect the health of workers. In this vein, we aimed to demonstrate the preventive aspect and injuries and, if it is necessary to prove fault or blame so there is a duty to repair, concluding that strict liability when the damage present causal relationship with the environment of work degraded. The Conservancy's environmental work is right transindividual is planned throughout the text of the Constitution of 1988, in particular Article 225, caput, which ensures the right to a balanced environment and, moreover, several core principles enshrined in act along the Magna Letter in this protection, such as the dignity of the human person, the social values of labor and environmental prevention, allied to an entire legislative framework infra, including the Law 6938/81 and the Consolidation of Labor Laws. For scientific knowledge of the matter, we used the legal-exegetical method, by conducting extensive legislative research, literature and jurisprudence, checking the position of authors and judicial decisions on the subject in Brazil, where it was discovered that the legal object the working environment is far ahead than simply giving health to the workplace, but aims to protect the health and physical safety and mental workers in its broader aspects, for the purpose of giving it individual quality of life and all his family. Finally, two empirical studies were developed under the path of the inductive method, and one refers to the completion of a case study that occurred in the construction industry in the city of Sousa, Paraíba, obtained through the Ministry of Public Labor Ducks - PB and the other it was a questionnaire from the company electrification Energisa SA, precisely sousense pole.