Name: FÁBIO SIQUEIRA MACHADO
Publication date: 13/10/2022
Advisor:
Name |
Role |
|---|---|
| CLÁUDIO IANNOTTI DA ROCHA | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| CLÁUDIO IANNOTTI DA ROCHA | Advisor * |
| TIAGO FIGUEIREDO GONÇALVES | Internal Examiner * |
Summary: The present dissertation studies whether the Public Civil Action and the Structuring Process are adequate procedural instruments for the collective judicial protection of the worker`s environment, through the analysis of the two biggest environmental disasters that occurred in Brazil, the rupture of the dam in Mariana, in 2015, and the rupture of the dam in Brumadinho, in 2019. The main objective is to carry out a connective study between the work environment and the work process, and then study the two environmental disasters, the Public Civil Action and the Structuring Process as adequate procedural instruments for the adequate judicial protection of the work environment. The labor court process aims to protect the worker, regardless of whether he is a statutory public employee, CLT employee or even a worker with no formal employment relationship and, whenever the process has as its object the noncompliance with rules related to safety, hygiene and workers` health will take place before the labor court. Considering that the jurisdictional provision must be adequate, fair, timely and satisfactory, ex vi of art. 5, LXXVIII, of the constitutional text, it is necessary to inquire if the Public Civil Action, which was an instrument for the protection of workers who were victims of the environmental disasters in Mariana and Brumadinho, was used properly in the face of mining companies and, if the Structuring Process could have been used for that purpose. As a conclusion, it was found that the Public Civil Action, as used, proved to be insufficient for adequate, fair, timely and satisfactory protection of the victims, and the Structuring Process must have been implemented to obtain more lasting results and character preventive.
KEYWORDS Worker environment; Public Civil Action; Structuring Process.
