Interpretação trabalhista: análise da concessão do adicional de insalubridade por exposição à fumaça de cigarro

Abstract

Health is a right for all and physical integrity is a property that every individual can optionally give up to use a cigarette. But the consumption of a cigarette reaches not only the smorker, the smoke can often be inhaled by people nearby. These passive smokers should not necessarily accept the injuries suffered involuntarily. This is the case of workers who are exposed to cigarette smoke daily for self-support. Living in environments “loaded”, they inhalea lot of smoke equivalent to smokers. Are no few legal recognition who notes exposure for these workers to Benzopireno – substance provided in Norm Regulatory (NR) 15. However, most of jurisprudence understands that do not do justice to the perception further by not “operate” the substance. The method of literal interpretation is not provided legally, as can be measured with article 189 of the CLT. With more sense is justified a integrative interpretation considering the right to health and healthy environment, because, considering that the laws aims to reimburse the employee for harm inherent in the activity provided, also lives up to the additional the worker that was actually exposed to the harmful agent as provided by law. State laws that have multiplied across the counrty with international inspirations corroborate the understanding that consumers of certain commercial establishments submit themselves to the condition of passive smokers, and thus are exposed to various hazards. Given the above, does not apology against cigarette use, but it is proposed integrative interpretation of the ordering to enable the application of the law in the sense that it aims to: protect the worker considering their vulnerability while weaker part of the legal relationship.