Contemporary company and the work environment: the duty of guardianship beyond the national and monetizing issue

Abstract

In the analysis of the relationship between the company and the labor environment, the need for business performance in ethical and social standards in contemporary times and the performance of transnationals is approached, which requires a transconstitutional bias for a better understanding of the theme. In a capitalism system, intensely marked by the globalizing process of the economy, would the duty of effective protection of the working environment still be a purely national and monetizing issue? Large companies in contemporary times no longer have nationality, in the sense that they operate across the globe, in the incessant pursuit of profit, and it is necessary that the law adapt to this new organizational form. The present study seeks to bring a critical view on the subject, from the Environmental Law of Work and the analysis of the work environmental in slaughterhouses. The great challenge that is revealed is how to make the principle of the social function of the company compatible with the principles of free enterprise and that of profitability, applying the emerging protective paradigm of protection of the working environment. It is concluded in order to guarantee effective preventive legal protection, prioritizing the work environment as a universal right and, in this way, guaranteeing equity in environmental protection to all workers, regardless of their nationality, when deal with companies operating across the globe. This is transdisciplinary research. The deductive method is used, with bibliographic and jurisprudential research.