A reforma das normas de proteção e segurança do trabalho sob perspectiva do princípio do não retrocesso social

Abstract

The protection of workers should be object of analysis, especially after the advent of Law 13.467 of 2017 - the "labor reform" - which substantially changed the content of the Consolidation of Labor Laws. Being the worker the disadvantaged part of the labor relation, he finds in Labor Law an instrument to humanize the capital, balancing the labor relations. In Brazil, one of the countries where labor accidents occur most frequently, the analysis of the reform of labor protection and safety standards under t he principle of non-retrogression is of significant relevance, aiming to contribute to the quality of labor productivity. With a deductive approach, for the development of the present study, this work is divided into three chapters. In the first chapter, an analysis is conducted regarding the foundations of worker protection, considering the historical evolution of Labor Law, the main principles of worker protection, with special attention to the principle of non-retrogression in the social context and its relation to labor norms. In the second chapter, an analysis is developed on the evolution of labor protection and safety standards from an international and national perspective, based on the study of international norms, especially the recommendations of the International Labour Organization, followed by the examination of Brazilian regulations before and after the Consolidation of Labor Laws. In the third chapter, the changes brought about by the labor reform are examined, observing how these changes reflected in Labor Law in Brazil, especially with regard to labor protection and safety standards, in light of the principle of nonretrogression. In this examination, attention is paid to the working environment, a place of extreme relevance, which is considered in its relation to the health of the worker.