Direito do trabalho nanotecnológico: da prevenção e da precaução à proposição de respostas protetivas (adequadas) ao trabalho humano num meio ambiente de trabalho afetado pelos riscos desconhecidos e futuros

Abstract

This doctoral thesis presents an approach toward nanotechnology and its effects on the realm of labor, especially in terms of occupational health and safety, as a means of preserving the dignity of workers. This concern not only applies to nanotechnological work, but is also intensified and takes on new dimensions, since addressing the issue of nanotechnologies takes place against a backdrop of uncertainties and insecurities. The research and studies on these new technologies have not yet provided concrete definitions regarding the risks and effects of nanotechnologies on man and the environment, but given the characteristics of nanoparticles, it is certain that harmful effects will occur. This scenario gives rise to unknown and future risks. In light of this new panorama, Labor Law must respond to nanotechnological demands that arise from the (legal) nanotechnological labor reality, all the more since, given the existence of harmful effects, workers will naturally be the first to suffer the impact, due to manufacturing, handling and exposure to nanotechnologies, in terms of nanoparticles, nanomaterials and nanotubes. There is no doubt that Labor Law, in accordance with the concept that the elimination and reduction of occupational hazards is a fundamental social right of workers, has a set of rules in force for prevention. However, in the case of nanotechnologies, what exists in terms of standards is insufficient to ensure the effective protection of nanotechnology workers. In view of this and in order to use nanotechnologies, there is an idea established to use the following interpretive equation: hermeneutic circle = principle of solidarity = collective consciousness. In effect, the principle of precaution is a starting point for creating regulatory frameworks that will meet this new legal reality. In this regard, the thesis presents a hermeneutical proposal for "dialogue between the sources" of Labor Law, so that answers ("voices") can be found, based on a "dialogue" coordinated by the interpreter that would be established between traditional and non-traditional sources of Law. In this context, the hermeneutic proposal offered here will be much closer to a nontraditional regulatory model than a traditional or legal regulatory model. Along these lines, the thesis will seek to present proposals for regulatory frameworks that could be applicable to the nanotechnologies x human labor relationship, using guidelines recommendations and technical standards from certain international organizations, which have dedicated themselves to specifically addressing the effects of nanotechnological work. IT also presents a Bill to amend the CLT ("Consolidation of Labor Laws"), which would serve to express a new hermeneutics of law or a new law. Regardless of the alternatives that are presented, all the arguments of this thesis are structured around the idea of a universal ethical objective: human care – concern at the essential human level, as well as constitutional care – concern for the dignity of workers, which will only materialize through the preservation of their health and safety within the entire context of nanotechnological work.