Human right to a safe and healthy working environment: A jus cogens standard constitutive of decent work.

Abstract

This article aims to demonstrate that, from a normative perspective, the decision of the ILO's highest tripartite deliberative body that included the safe and healthy working environment in the list of rights provided for in the Declaration on Fundamental Principles and Rights at Work of 1998 represents the consecration of a human right as a jus cogens norm constitutive of the conception of Decent Work ̧ which is why it is inderogable, inescapable and opposable to any movement of suppression or regression that may occur, in the context of the national legal orders of the ILO Member States, notably in Brazil, both at the public level of legislative, jurisdictional activities and the promotion of government public policies, and at the private level of labor relations. It is a document of a dogmatic nature, for the investigation of which bibliographic and documentary methods were used, in the latter case based on the study of national and international standards, international jurisprudence and, above all, official ILO documents.