Legalidade dos exames toxicológicos no ambiente de trabalho

Abstract

This study aims to investigate the possibility of conducting drug tests in companies linked to risky professions as a way to increase security. While the drug problem is recurring in the workplace, exposing the worker, the job and the work environment to constant risk, Brazilian law, in its turn, is silent as to whether it is possible or not to conduct drug tests in the workplace. In the wake of exploring practical solutions, we seek to provide a useful alternative to the overcome of such an obstacle, checking answers in clear conglobation of various institutes and court decisions, based on the Federal Constitution, and the reference to the legal and ethical principles that it protects, especially human dignity and social value of labor. Thus, seeking to oppose, on the one hand, the directive power and the liability of the employer and, on the other hand, the worker‘s right to privacy, we carry out an analysis from the perspective of the principle of proportionality in questions under certain public interest.