Meio ambiente do aquaviário e o direito à desconexão.

Abstract

This paper is to analyze the general situation of the environment impact caused by offshore labor, its historical context, the form and the principal details of this type of work and its relation with the right to the disconnection, new legal instrument related to stress at offshore labors. National and international legislation is a reference with respect to the rights and duties to be respected, as legal instruments required to guarantee the occupational and mental health of the workers embarked. In addition, it will analyze specifically the atypical situations experienced by offshores workers, due to the different category in which they are found, the possible occupational injuries and illnesses generated, also from the psychological point of view, with special emphasis on those who remain for days or even months on board. It is also noted that the content of this legal instrument deals with a new concept, recently criated, known as ¿disconnection right¿. The focus of this paper shall consider that there is a constitutional right guaranteed to all workers as the right to rest. It should be part of the working rights to this special kind of labor as well. Thus, this research aims to verify the physical and psychic effects suffered by the offshore employees and how the journey and hard work of these persons could affect their social interaction and productivity; the right to disconnect is a form of mitigating or even to reduce the adverse effects of this specific situation. Also it should be clarified that they will be used as a form of decreasing the impacts that the institute of the disconnection could generate in the brazilian courts. Besides, it will be analyzed what happend with the judicial procedures that came up with the labor reform, brought by the Law 13467/2017, related to this special class of workers. This monography will use the hypothetical-deductive method and the methodology will be documentary and bibliographical.