Compliance trabalhista e efetividade do direito ao meio ambiente do trabalho saudável

Abstract

The present study has as a research problem the following question: can compliance programs applied in the labor field contribute to the effectiveness of the fundamental right to a healthy work environment? To answer the presented problem, the deductive method was used through bibliographic research. In the first chapter, we analyzed the protection of the work environment in the Brazilian legal system, bypassing the constitutional treatment promoted by the Federal Constitution of 1988, as well as the infraconstitutional treatment promoted by the Consolidation of Labor Laws and, at the end of this first chapter, analyzed Brazil's adherence to the international standards that protect the work environment, issued by the ILO. In the second chapter, dedicated to the analysis of the challenges and ways for the realization of the fundamental right to a healthy work environment, some of the obstacles to the realization of this right were analyzed, most of them come from the reification experienced by workers in Brazil, one of the characteristics of social invisibility. In the third and last chapter, compliance programs were introduced, analyzing their historical origins and theoretical foundations from their fundamental characteristics. Similarly, Law no. 12,846/13, presenting the notions of business integrity introduced by this law in Brazil. From then on, the compliance programs applied to the labor field were presented, with their own foundations, to, in the last topic, demonstrate the contribution of an effective corporate compliance program to the improvement of the work environment and the consequent guarantee of fundamental right to a healthy work environment.