TRABALHO INTENSO: AFRONTA À DIGNIDADE HUMANA DO TRABALHADOR E DANO MORAL INDENIZÁVEL.

Abstract

The new ways of existing work in the XXI century, the result of neoliberal economics and globalization, generate a reflection on the figure of the worker in the context of modern society, which is the protection of human dignity of the worker, especially regarding the intensification of work that the employee is submitted to assist the economic goals of the employer. In Brazil, the Constitution of 1988 reflects, in its Article 7, the worker protection and, as a social right, is considered as a fundamental right, supporting the idea that the capitalist system must maintain a dependent relationship with the social rights in order to the free initiative established by Magna Carta should be carried out with social justice and strengthening of the work in a fair and caring society. The practice of hard work equates to moral harassment when a worker is submitted to conditions that confront his-her physical or mental health so that his-her work activities are summarized in a presentation of positive results to the employer in order to increase the company s profit, which entails moral and social security damage as a way to seek redress against the injury he-she suffered. In this sense, this work takes the form of a investigative and bibliographic research that aims to analyze the human dignity of the worker within the neoliberalism forward to new forms of work brought by global society, focusing on the intensification of work and the need of compensation of his-her moral by the action of Judiciary granting moral and social security compensation for the injured worker, in view of the critical study of the right to work, as well as the interpretation in the social, political and economic context. Therefore, it analyzes, beyond the formal element (the rules of worker protection), also the materiality of protecting the dignity of the worker face to the Brazilian courts in order to presents some considerations about the effective legal protection of the right to work as fundamental right.