The scope of the ILO Conventions on health and safety at work in Brazilian law

• Grant number: 22/00916-4
• Support Opportunities: Regular Research Grants
• Start date: September 01, 2022
• End date: August 31, 2023
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Daniel Damasio Borges
• Grantee: Daniel Damasio Borges
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
• Associated researchers: Olívia de Quintana Figueiredo Pasqualeto ; Victor Hugo de Almeida

Abstract

Among the main conventions approved by the International Labor Organization (ILO), are those dealing with health and safety in the work environment. Such conventions establish two main obligations. On the one hand, they oblige States parties to adopt preventive policies in order to reduce occupational risks. Thus, States Parties must prohibit the use of certain production methods and certain substances harmful to health and safety in the working environment. On the other hand, they oblige States parties to impose obligations on employers in relation to their employees, making them responsible for their health and safety. Currently, these two obligations raise many controversies in Brazil, as in the case of asbestos and the Covid-19 pandemic. The objective of this research project is to analyze how the Brazilian State implements these two main international obligations in terms of health and safety at work. To achieve this objective, a detailed study will be made of the ILO conventions in question, the way in which the ILO bodies interpret these conventions and the way in which the higher Brazilian jurisdictions make this same interpretation. The study will also be based on a bibliographic survey - books and articles in journals that will provide us with theoretical elements for a critical reading of positive law. (AU)