A tutela preventiva como meio adequado para uma efetiva proteção do meio ambiente do trabalho sadio

Abstract

This dissertation deals with the protection of the health of the working environment, aiming to find forms of preventive judicial protection. The general objective is to reduce litigation in social security lawsuits, filed individually against the National Social Security Institute, which postulates the recognition of exposure to unhealthy contraband agents in the working environment of companies, for the purpose of granting contribution benefits with pecuniary contribution time. The guiding question of the research was the collectivization of judicial protection granted in such individual processes. Based on this question, two forms of collectivization were analyzed: the expansion of the effects of proof of exposure to unhealthy agents in the work environment, including companies in the individual process; or communication to the Public Ministry of Labor and/or the Occupational Safety Secretariat for measures, in other areas, against companies that violate occupational health standards. It was concluded that these alternatives have the potential to reduce litigation, representing adequate means to provide preventive and more effective protection to the work environment. [resumo fornecido pelo autor]