Cumulação dos adicionais de insalubridade e periculosidade: perspectivas críticas entre a jurisprudência vinculante do TST e os princípios constitucionais e trabalhistas

Abstract

This This monograph addresses the legal controversy surrounding the cumulation of hazardous work and hazardous work allowances. The main objective is to analyze the binding case law of the Superior Labor Court, which prohibits the cumulation of these allowances, along with the constitutional and labor principles aimed at protecting workers. The aim is to analyze each of the allowances discussed, examining the legal interest protected, its legal nature, and its legal provisions. Subsequently, the study delves deeper into the constitutional and labor principles, unraveling each of them and how they can influence the reinterpretation of established case law. Next, it analyzes the position adopted by the Superior Labor Court (TST) and its conflict with constitutional principles, aiming to reinterpret Article 193, §2, of the Consolidated Labor Laws (CLT). As a solution, the study highlights the need for a review and reinterpretation of the established understanding. To this end, we suggest the creation of a specific law to clearly regulate the cases of cumulation, as well as the reinterpretation of Article 193, Section 2 of the Consolidation of Labor Laws (CLT) by the Superior Labor Court (TST), in light of constitutional principles, to guarantee full protection for workers and eliminate the existing imbalance in the employment relationship.