Análise econômica do direito e proteção do direito fundamental à saúde do trabalhador

Abstract

This work proposes the use of the tools of analysis of economic law for the study of fundamental labor rights to health provided for in articles 7 of the Federal Constitution of 1988. The law and economics is a movement rationalist/consequentialist that seeks an interpretation of law based on the principles of economic science. The study of law is a constitutive analysis of the study of law, the law of a theoretical tradition and its own concepts. The problem gravitates to the application of the Economic Analysis of Labor Law, specifically in relation to the fundamental protections of workers' health. The work is divided into three parts. In the first one, the economic aspects and the analysis of the law are presented. Second, labor social rights are classified into fundamental material and formal, to facilitate further analysis. Finally, the fundamental rights to health provided for in article 7 of the Federal Constitution are analyzed according to their structure of incentives and underlying objectives, and compared with the ideal types, aiming to verify their efficiency according to the determination of wealth maximization. The initial hypotheses that, as incentive structures of the Constitutional norms, aim at protecting workers' health are inefficient. The conclusion, however, is false this hypothesis, demonstrating that, in general, the structure of the norms of protection to the worker's health foreseen in the Federal Constitution is efficient, needing only to take into account the conditions of environmental protection.