Environmental labor as a new constitutional guideline for environmental protection: brazil’s reality and constitutional norm’s ideal

Abstract

This paper discusses environmental labor as an aspect of environmental protection, which evidently the Brazilian Constitution discusses. Moreover, this study analyzes environmental law within the context of the fundamental right of the third generation; questions normative policies in the local legal system; and explores its concept´s general aspects. Furthermore, this body of research focuses on environmental labor law; addresses this legal discipline´s emergence; its legal concepts; and the necessary conditions for achieving a healthy work environment. This paper explores the apparent contradiction between the fundamental right to a balanced and healthy working environment and Brazilian deductibles, which explore the well-being and physical integrity of laborers. Nevertheless, there are studies that show evidence for the constitutional possibility of the commercialization of the fundamental right to a healthy work environment. Nonetheless, it is possible to observe a defensible use for legal deductibles, which is seen as both a punishment and a protection mechanism in working environments. Importantly, this protection mechanism should not implicate the main purpose of eliminating occupational risks. In its core essence, the effectiveness of this fundamental right depends on a balanced work environment.