THE APPLICATION OF THE PRINCIPLE OF THE PROHIBITION OF RETROCESS IN THE FRAMEWORK OF ENVIRONMENTAL LABOR LAW

Abstract

This article has by scope deal about the application of principle of the prohibition of socioenvironmental retrogression in matters of environmental right of the work, in order to analyze if and to what extent this provides observance to the duty of the State of protection of the fundamental right to the environmental of the work balanced. For this purpose, a bibliographic research and the use of the deductive method were adopted, seeking to demonstrate the need for effectiveness of the fundamental right highlighted to the protection of the dignity of the human person, which reflects, consequently, at linkage and limitation of the actions of state powers in such a field. Subsequently, the essential content of the fundamental right in vogue was discussed, presenting it as a limit to the possibility of restrictions, as well was discoursed about the principle of the prohibition of socioenvironmental regression and the level of protection that it allows, if applied. The research made possible to verify that the principle on screen doesn't make unfeasible all and any alteration intended by the Public Power, imposing, though, the need of observance of criteria, as the application of the rule of the proportionality, so that there, for example, the preservation of the essential content of the right. Finally, the research took to the conclusion that the application of the principle highlighted, if indeed accomplished, enables the protection of the essential content of the right to the environmental of the work balanced, so that it does not remain fulminated in a scenario of constants changes, including legislative ones.