A tutela do meio ambiente de trabalho na administração pública

Abstract

This research approaches the protection of the Public Administration’s work environment. This discussion shows to be relevant, because there are more and more unwanted work accidents, resulted, in most cases, by the lack of adherence to preventive methods of these misfortunes. From the moment that the healthy work environment started to be considered as a fundamental right belonging to all workers, regardless of the legal nature of the bond that unites them to the ones that takes their services, all the employers must take precautions to guard the health of the work environment. It should be noted that, in most cases, when trying to evade this responsibility, the Government argues that the laws that prescribe warrantor methods of work environment’s health and safety don’t apply to it and, given the impossibility of the inspector department, there’s no other option but legal action. The problem lies in the controversy involving which branch of the Justice is competent to solve the lawsuits that deal with this issue. Therefore, this paper aims to delimitate which is the competent court of law to solve the conflicts involving the protection of the Public Administration’s work environment. For this, the deductive, historical and monographic methods will be used. From the research developed, can be seen that, although there are some doubts about which branch of Justice is competent, the doctrine and the jurisprudence have the tendency that should be the Labor Court to process and judge these lawsuits.