Análise das teses firmadas no tema 555 do STF: nocividade da exposição a ruídos e a aposentadoria especial

Abstract

Social security law is a fundamental pillar of the social security system provided for in the Federal Constitution, and among its benefits is that of special retirement. Under the constitutional text as an exception to the rule of social security, it is applicable to workers subjected to physical, chemical or biological agents harmful to health in their working environment. As a result, the Federal Supreme Court held that effective exposure to the harmful agent is necessary for the acquisition of the right, so that the use of effective PPE by the worker would remove this hypothesis, except in the case of exposure. of legal tolerance, and the Supreme Court argued at the time of the judgment of ARE No. 664.335 / SC that such agent has specificities that make it impossible to fully contain the effects of continuous exposure to noise pollution. The present study seeks to analyze the transdisciplinary doctrinal positioning, especially in the areas of otology and occupational medicine, on the continuous exposure to noise in the workplace, in order to verify whether the presumption of harmfulness by exposure to noise is indeed correct created by the Federal Supreme Court despite the use of effective PPE by the worker.