O dever fundamental de atuação sindical na promoção da tutela coletiva do meio ambiente de trabalho saudável

Abstract

The union legitimacy to protect the rights or collective and individual interests (homogeneous) category of workers which represents is provided for in art. 8, III of the Federal Constitution of 1988. However, the factual situation of union activity in the protection of such rights or collective interests, especially in relation to a healthy work environment, is to be proving the lack of effectiveness of that constitutional provision. This scenario results from a historical context, established by a corporatist union activity, with stanchion within the limits imposed by legislation, and endures to this day. Thus, seeking to analyze, in this stu y, if the union has a fundamental duty to promote the protection of the environment healthy working environment, with the theoretical framework the theory of the fundamental duties in the context of the current democratic state.