Banca de DEFESA: Ana Luisa Goncalves Rocha

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Ana Luisa Goncalves Rocha
DATE: 09/12/2022
TIME: 14:30
LOCAL: Sala A1-04 - Faculdade de Direito - UnB
TITLE:

"THE INSEPARABILITY OF THE FUNDAMENTAL RIGHTS TO HEALTH AND TO LIMITATION OF WORKING HOURS: an analysis based on the work of professional drivers in cargo transport".

KEY WORDS:

Labor Law. Fundamental rights. Decent work. Health. Working hours. Professional drivers.

PAGES: 220
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In view of the legal and legislative movements represented by Laws n. 13.103/2015 and 13.467/2017, which, contrary to the concrete reality, conceive health and working hours as separate categories, the research proposes to analyze the relationship between the fundamental rights to health and limitation of working hours, first at an abstract level and, later, in terms of the work relationships of professional drivers in cargo transport. The deductive approach and techniques of bibliographical and documentary research are employed, based on literature review and analysis of legislation and jurisprudence. The fundamental right to decent work is taken as a theoretical reference. This category, based on the material and normative interdependence between the dignity of the human person and the social value of work, points out that the value to be protected and promoted by the constitutional order is the work carried out in conditions of dignity, through the exercise of fundamental rights. The research shows that the essential content of the workers' fundamental right to health comprises the employer's duty to comply with the norms that limit working hours and the fundamental right to limitation of working hours, whose logic has been disrespected by strategies of extension, intensification and flexibility of working time. In the case of professional drivers in cargo transport, it can be seen that the current normative regulation of working hours is incompatible with preserving the worker's health, insofar as the excessive working hours, consolidated as an element of the organization of the work in this economic sector, is associated with the involvement of workers in traffic accidents, the use of amphetamines and the development of psychic disorders and muscoskeletal and auditory dysfunctions. Having verified the insufficient payment of overtime as a regulatory jurisdictional policy to contain the systematic violation of the driver's fundamental right to limitation of working hours, the research defends the argumentative reinforcement of the inseparability and indissociability of the protection of fundamental rights to health and limitation of the working hours.

BANKING MEMBERS:
Interno - 1418046 - ANTONIO SERGIO ESCRIVAO FILHO
Externo à Instituição - AUGUSTO CESAR LEITE DE CARVALHO - IESB
Presidente - 1544800 - GABRIELA NEVES DELGADO
Externa à Instituição - MARIA CECÍLIA DE ALMEIDA MONTEIRO LEMOS - UDF