Trabalho de Conclusão de Curso de Graduação
A tutela do meio ambiente de trabalho na administração pública
Autor
Carazzo, Matheus Schafer
Institución
Resumen
This research approaches the protection of the Public Administration’s work
environment. This discussion shows to be relevant, because there are more and
more unwanted work accidents, resulted, in most cases, by the lack of adherence to
preventive methods of these misfortunes. From the moment that the healthy work
environment started to be considered as a fundamental right belonging to all workers,
regardless of the legal nature of the bond that unites them to the ones that takes their
services, all the employers must take precautions to guard the health of the work
environment. It should be noted that, in most cases, when trying to evade this
responsibility, the Government argues that the laws that prescribe warrantor methods
of work environment’s health and safety don’t apply to it and, given the impossibility
of the inspector department, there’s no other option but legal action. The problem lies
in the controversy involving which branch of the Justice is competent to solve the
lawsuits that deal with this issue. Therefore, this paper aims to delimitate which is the
competent court of law to solve the conflicts involving the protection of the Public
Administration’s work environment. For this, the deductive, historical and
monographic methods will be used. From the research developed, can be seen that,
although there are some doubts about which branch of Justice is competent, the
doctrine and the jurisprudence have the tendency that should be the Labor Court to
process and judge these lawsuits.