Saúde mental como direito fundamental nas relações de trabalho: uma análise à luz da reforma trabalhista

Abstract

This research brings up the discussion about the relevancy of the subject concerning the protection of the right to mental health within the work relations; furthermore, it fosters the debate regarding the need of existence of a preventive legal protection of the worker’s mental health in Brazil’s contemporary legal system. The new regulation mechanisms resulting from the Law 13.467/2017, based in the neoliberal logic, may represent a harmful influence to Brazilians’ workers’ psychic health. It is mainly considered that the scenario of insecurity within the work relations, aggravated by the precariousness of work conditions and the reduction of social rights throughout the process of dismantle of Brazilian labor law, contributes for causing mental illnesses. The recognition of mental health as a public health issue, as well as the specificity of a legal protection aimed at the mental health of the worker as a fundamental right when it comes to the work environment, will be discussed starting from a review of the theoretical debates about the psychodynamics of work, the protection of subjectivity and identity at work. Following next, it will be analyzed the context of the advent of the Brazilian Labor Reform of 2017 from the perspective of socio-legal impacts arising from neoliberal rationality and the new regulatory mechanisms proposed by the reformist waves present in the contemporary Brazilian legal system. Finally, it will be analyzed the issue of worker vulnerability due to the flexibilities recently inserted in labor legislation on the aspects of competitiveness, the instability of labor relations and the relationship between time and work, in addition to other omissions that are still present in the Brazilian legal order.