Responsabilidade civil do empregador por danos à saúde do cidadão-trabalhador : condenações punitivas no direito do trabalho brasileiro

Abstract

This study aims to demonstrate the feasibility of the adoption of the objective liability as a general rule in the cases of damages to workers’ health, what is based on agroenvironmental law, on the environmental principles, on the human dignity principle and on the Democratic State of Law duties. On this purpose, brazilian law was considered post-positivist and grounded on human dignity as its main principle. Then, there were demonstrated the exceeder of the legal positivism, the current situation of the right to health, of the labor accident and of the decent work in Brazil. The liability legal instruments apt to indemnify and inhibit damages and their limits were analized either. Finally, the objective liability and the punitive damages were suggested as legal instruments able to indemnify and inhibit damages to workers’ health, in order to guarantee their right to a balanced labor environment, to decent work and to a worthy life, without illegal enrichment.