A atividade normativa da OIT relativa ao meio ambiente do trabalho e suas repercussões no direito interno

Abstract

This study aims to demonstrate that ILO plays a fundamental role in protecting the work environment and that its conventions enter in the Brazilian legal standards as constitutional level. In this regard, it is noteworthy that the ILO normative activities are Conventions, Recommendations and Resolutions. They seek to promote social justice among States attempting to standardize the International Labour Law for the world. Among these standards, there are several that refer to the healthy work environment, which puts the ILO as the most important international organization that publishes rules of work environmental protection. The work environment is kind of gender of environment, and, like this, aims to the protection of the health and lives of workers. The treaties that deal with the work environment have a different legal status in Brazil, they occupy a constitutional position, that can be only materially, or formally and materially, if they pass the quorum differentiated voting in Congress under art. 5°, §3° of Constitution. Thus, beyond the control of constitutionality of laws, there is also a conventionality control laws, which analyzes the vertical compatibility of legislation with the human rights treaties. In case of conflict between international or national standards on work environmental, it will apply the sources dialogue and the international principle of pro homine that in the work environment corresponds to the full protection to workers' health principle.