Efetividade do Direito Fundamental ao meio ambiente de trabalho seguro e adequado: a responsabilidade civil do tomador de serviços

Abstract

The environmental protection work is explicitly recognized by the Constitution as a result of the proclamation of the right to health and worker safety. Moreover, an ecologically balanced environment is a fundamental right of all, and consequently, healthy work environment is a fundamental right of workers. In the case of outsourcing of service, the contractor shall comply with the standards of health and safety of the worker in relation to both their own employees and the employees of the contractor. After all, the work environment is the place where unfolds much of the life of the worker, whose quality of life is intrinsically dependent on the quality of their working environment. The understanding provided in Section IV of Precedent 331 of Colendo TST provides for the subsidiary liability of the contractor of services. However, this text makes express reference only to the nonpayment of labor obligations, omitting as to civil obligations. Thus, the general object of this research is to demonstrate that the paternal law authorizes the recognition of joint liability of the borrower's service in the event of an accident at work outsourced employee because of inadequate work environment, through horizontal effectiveness of fundamental rights labor, the unrestricted respect for human dignity of the worker, the rules laid down in the Civil Code regards to liability, and especially labor rights sculptured in the current Federal Constitution and Work Internacional Law