ADDITIONAL HARDSHIP: THE IMPORTANCE OF REGULATION AND THE IMPACTS OF THE ABSENCE OF A CONSTITUTIONAL GUARANTEE

Abstract

This article sought to investigate the problem of additional workload compensation in the Brazilian legal system, a social right provided for in article 7, item XXIII, of the 1988 Federal Constitution, which remains without specific infra-constitutional regulation. Through a qualitative analysis, based on bibliographical and documentary research, including doctrine, legislation and selected case law, the study aims to demonstrate the consequences of the lack of clear guidelines for the characterization and compensation of hazardous activities. It argues that this legislative gap not only compromises the effectiveness of a constitutional guarantee, but also generates legal uncertainty and negatively impacts the physical and mental health of workers subjected to excessively stressful working conditions, violating fundamental principles such as human dignity and worker protection. The conclusion is that there is an urgent need for legislative intervention in order to define the contours of the hardship bonus, establishing objective criteria for its granting, calculation basis and percentage, in order to ensure the full protection of workers and the full applicability of the constitutional rule.