A SUPERA????O DA POL??TICA DA MONETIZA????O DO RISCO E A INSALUBRIDADE: UMA ??TICA COMPARATIVA APRESENTADA PELO DIREITO ITALIANO

摘要

The study develops from the complete analysis of the risk monetization policy, to enter later into Italian law, constructing a comparative analysis between the main regulations of both countries (Brazil and Italy). The analysis of this policy, in Brazil and regarding insalubrity, is extremely archaic and can be overcomed when the current policies of prevention and elimination of risk in the work environment are observed. Moreover, the social costs to which this policy is linked show a reflex in society in a broad way that is added to the outdated Brazilian legislation to minimum international parameters. On the other hand, Italian law seeks a preventive approach, and brings complete legislation with at least annual updates and reforms. The objective is to study if the Italian legislation can bring complementarities to the Brazilian legislation, in what the ordinances are similar and where they differ. For this analysis the counterpoint of both constitutions, the CLT and the Italian Civil Code, and NR no. 15 of the MTE in Brazil and decree no. 81/2008 of Italy.