Ação popular como instrumento de tutela jurisdicional do meio ambiente do trabalho

Abstract

The restructuring of capitalismo since the secord half of the twentieth century involvedprofound changes in patterns of production and in work organization systems. The working class finds itself fragmented and diverse, where while it has demand for highly qualified and specialized han labor, there are still many underemployed marked by a precarious relationship. This paradigm shift has significantly affected the work environment, causing immediate harms to workers ‘ health and, indirectly, to the whole society. The popular action law, established by Law No. 4,717, of June 29, 1965, is the procedural instrument that citizens have available as a way to protect the public patrimony. The referred law was welcomed by the Constitution of the Federative Republic of Brazil (CRFB) 1988, and article 5, LXIII, was extended to environmental protection. The central problem of the research circled about the possibility of application of popular action for the protection of the work environmental, which aimed to analyze, according to the brazilian legal system, the possible appropriateness of this constitutional action to protect such juridical good. To achieve the mentioned desideratum , a qualitative research was used with deductive method and documentary research technique, where were consulted books, scientific articles, legislation and jurisprudence available in physical and electronic media. At the end of the study it was concluded that the work environment, while human and fundamental right, is inserted into a highly aggressive economic market and focused on the pursuit of profit over quality of life of a human worker and his dignity. In this sense, the popular action as a procedural instrument for the protection of diffuse legal interests becomes fully appropriate to safeguard the working environment or threat or actual injury which may be competent to settle the deal the Labor Court or the ordinary courts (State and Federal), depending on the concrete case.