FUNDAMENTALIDADE DA SAÚDE DO TRABALHADOR

Resumen

Undoubtedly, the first fundamental human right is the right to life, being necessary to ensure the basic pillars of its sustenance, among them work, which guarantees man’s access to the maintenance of life and health necessary goods . Nevertheless, in the scope of the relations of right-work-health, it is verified that the overall income still acts to the detriment of the worker’s health . In fact, the worker is subject to some certain situations in its working environment because of its historical economic condition. In this sense, the present study is justified by its extreme relevance, since public health in Brazil presents itself at real chaos, as it relegates the worker in his basic and essential care, despite the vast consolidated legislation, which, in light of the factual reality, is merely programmatic. Thus, although health is considered to be a right of all, the effectiveness of its implementation is far from being achieved, either by obstacles of a material, structural, bureaucratic and, above all, cultural nature. In the labor field, the reflexes of disregard for the integrity of the health and safety of the employees are disastrous, generating irreparable losses and damages. The number of accidents and diseases resulting from the working scenarios are increasing and frightening. Most of them are predictable and therefore preventable, and a genuine preventionist culture is a fundamental value in the workplace. The objective, therefore, is to analyze all these issues that involve the work environment, and what are the ways to create a healthy, balanced and safe place in which workers can exercise their activities, as a corollary of the dignity of the human person, the valorization of work and free initiative, all from the perspective of the Democratic State of Law. The methodology is qualitative based on experienced doctrinaires on the subject, as well as on the legislation and jurisprudence of the country's labor tribunals.