Saúde mental do trabalhador e a proteção contra riscos psicossociais: efetividade do direito à redução dos riscos no trabalho

Abstract

The present study aims to analyze the effectiveness of the legal protection granted to workers’ mental health in the face of the psychosocial risks present in the workplace. Based on the fundamental right to the reduction of work-related risks, as established in Article 7, item XXII, of the 1988 Federal Constitution, the research investigates how infraconstitutional norms, together with the International Labour Organization (ILO) conventions, ensure the prevention and promotion of mental health in the work context. This qualitative and bibliographic research demonstrates that, although there have been normative advances, protection still proves to be predominantly reactive and focused on damage reparation, rather than on prevention. The study highlights the need to strengthen the Ergonomic Work Analysis (EWA), the integration between NR-1 and NR-17, and the supervisory and educational role of the State. It concludes that the effectiveness of this right requires a preventive, interdisciplinary, and integrated approach capable of transforming organizational culture and ensuring healthy work environments consistent with human dignity.