Da proteçao ao ambiente do trabalho: os novos marcos definidores do risco no trabalho
The work environment must be understood as a public good. This understanding derives from a different understanding with regard mainly to their protection. The application of the theory of subjective responsibility, whatever the circumstances, is at odds with the values constitutionally erected. The...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2012
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3918125 |
| Source: | Cognitio Juris, ISSN 2236-3009, Vol. 2, Nº. 4, 2012, pags. 52-62 |
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| Summary: |
The work environment must be understood as a public good. This understanding derives from a different
understanding with regard mainly to their protection. The application of the theory of subjective responsibility,
whatever the circumstances, is at odds with the values constitutionally erected. The new business reality, the
new management models, the new dynamics imposed in daily work gave rise in worker characteristics, known as
a whole as a new subjectivity, mainly marked by exacerbated individualism. At the same time there was a need
to understand the risks inherent in this new work environment, which should be measured in order to
apprehend them without clear empirical rigor in most cases. That is, for example, causation is no longer
necessarily something to be shown, starting from the assumption that the work environment can be understood
as a permanent state of risk. The repair of the damage has already occurred in violation of the protections
contained in the constitutional text, worth mentioning explicitly Articles 1 and 170 mainly. There was a growing
need to develop preventive forms, or instruments that may prevent the outbreak of the damage, considering this
procedure as the constitutionally legitimate effectively. The landmarks that define the business risk, the ways of
its calculation, the understanding of the protection to be built around the value of human labor must undergo
major changes, failing to keep in step with the new business dynamics, consequently bringing irreversible
damage to the work environment.The work environment must be understood as a public good. This understanding derives from a different
understanding with regard mainly to their protection. The application of the theory of subjective responsibility,
whatever the circumstances, is at odds with the values constitutionally erected. The new business reality, the
new management models, the new dynamics imposed in daily work gave rise in worker characteristics, known as
a whole as a new subjectivity, mainly marked by exacerbated individualism. At the same time there was a need
to understand the risks inherent in this new work environment, which should be measured in order to
apprehend them without clear empirical rigor in most cases. That is, for example, causation is no longer
necessarily something to be shown, starting from the assumption that the work environment can be understood
as a permanent state of risk. The repair of the damage has already occurred in violation of the protections
contained in the constitutional text, worth mentioning explicitly Articles 1 and 170 mainly. There was a growing
need to develop preventive forms, or instruments that may prevent the outbreak of the damage, considering this
procedure as the constitutionally legitimate effectively. The landmarks that define the business risk, the ways of
its calculation, the understanding of the protection to be built around the value of human labor must undergo
major changes, failing to keep in step with the new business dynamics, consequently bringing irreversible
damage to the work environment. |
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