THE DIGITAL WORK ENVIRONMENT AND WORKERS™ HEALTH

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Celso Antonio Pacheco Fiorillo
Natalia dos Santos Medeiros

Abstract

With the spread of the home office, it is necessary to identify in which aspect the concept of work environment encompasses this type of service provision, in order to identify which constitutional and legal norms that regulate the environment can be applied. The aim of this research is to demonstrate the equivalence of face-to-face work and telework, identifying workers™ health as an environmental good, based on the characteristics of a common use good of the people and an essential good for a healthy quality of life, in order to assign to the employer the responsibility for taking the necessary measures to reduce environmental risks. This responsibility of the employer can be extracted from the protection norms, including the provisions of arts. 1, 3, 7, XXII, 170, 196 and 225 of the Constitution, Law no. 6.938/81, art. 19, § 1 and § 3 of Law no. 8.213/90, and Chapter V of the CLT. The hypothetical-deductive method was primarily adopted, with qualitative research.

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Author Biographies

Celso Antonio Pacheco Fiorillo, UNINOVE

PhD and Master in Social Relations Law from the Pontifícia Universidade Católica de São Paulo (PUC-SP), São Paulo/SP, Brazil. Full professor and researcher at the Doctorate/Master’s Program in Business Law at the Universidade Nove de Julho (UNINOVE), São Paulo/SP, Brazil and at the Specialization Course in Agribusiness Law at the Universidade Federal do Mato Grosso (UFMT), Cuiabá/MT, Brazil. Academic Director of the Congresso de Derecho Ambiental Contemporáneo España/Brazil at the Universidad de Salamanca (USAL), Salamanca, Spain. Visiting Professor at the Escola Superior de Tecnologia do Instituto Politécnico de Tomar (IPT), Tomar, Portugal. Militant lawyer in the field of Environmental Business Law.

Natalia dos Santos Medeiros, Universidade Nove de Julho (UNINOVE)

Master’s student in Law at the Universidade Nove de Julho (UNINOVE). Graduated in Law from the Universidade Estadual de Londrina (UEL). Labor Judge of the Regional Labor Court of the 1st Region (TRT1), Rio de Janeiro/RJ, Brazil.