A segurança e saúde no trabalho no regime CLT e no regime estatutário: uma abordagem do planejamento governamental comparando o tema nos dois regimes

Abstract

Safety and health at work is a subject which has great relevance nowadays, mainly due to the high financial, social and health costs of workers related to the grieves arising from the existing risks in the work activities. Since the Industrial Revolution, and in Brazil, since the end of slavery the issue has gradually become more important and has been drawing the attention of public authorities. In Brazil, occupational safety and health is widely approached and disciplined in labor legislation through the provisions of the Consolidation of Labor Laws (CLT) and the Regulatory Norms issued by the Ministry of Labor, as well as other related legal instruments. However, within the public service the reality is quite different. Although the public sector has several activities that imply risks to the health and physical integrity of its workers, the SHW is marked by the legislative omission in this sector. While in the CLT regime the legal and regulatory discipline of the subject is quite satisfactory in terms of scope, in the public service, in its turn the discipline of the topic boils down to dealing with occupational additional which is paid to those who work in circumstances of risk, leaving aside important programs and initiatives that are used in the private sector. The general objective of this study is to propose alternatives to solve the legislative and regulatory omission on health and safety at work in the federal (statutory) single legal regime. The work was elaborated taking as a base bibliographical and documentary research. The possibility of creating alternatives to overcoming the legislative and regulatory omission of SHW affecting public sector workers is discussed, with a view in ensuring greater equality in the treatment of workers in both regimes with regard to the protection of their health and safety at work.