THE LEGAL PROTECTION OF THE HEALTH AND SAFETY OF THE WORKER IN AN UNHEALTHY WORK ENVIRONMENT: AN ANALYSIS FROM ART. 611-A, ITEMS XII AND XIII OF THE CLT

Abstract

This article aims to analyze the repercussions of art. 611-A, items XII and XIII of the CLT on the legal protection of the health and safety of workers in an unhealthy work environment. From a qualitative approach and a specific literature review, we sought to answer how the change promoted by the labor reform with the inclusion of art. 611-A, and specifically items XII and XIII, had an impact on the legal protection of health and worker safety in an unhealthy environment. Thus, the present work proposes to highlight the main norms on the legal protection of the health and safety of the worker in an unhealthy work environment, to understand the context in the approval of the labor reform and to analyze the collectivization instrument of individual cases of the Regional Labor Court of the state of Goiás. In relation to the scientific methodology. In order to fulfill the proposed objectives, the concepts of health, unhealthy and/or dangerous activity and/or operation were addressed; fundamental rights: to life, health, an ecologically balanced environment and a safe working environment. Finally, the conclusions were presented on the impact of the labor reform in the attempt to modernize the Brazilian labor legislation and the regulation of collective bargaining in the protective norms of the worker's health and safety.