The limits of proportionality in civil construction in Covid-19 times

Abstract

The world is experiencing one of the greatest epidemic diseases in history. Brazil is among the countries with the highest number of people infected and killed by COVID-19. Among the victims, many are workers who have become contaminated in the workplace. Among the most affected are the professionals in the areas of health, slaughterhouses and civil construction, according to information from the Ministries of Health and Economy. In this context, the situation of severe and imminent risk in the work environment started to take another look. In construction, the risks of falling and electric shock are added to the risk of becoming ill with the coronavirus. In this new perspective, the proportionality starts to play an extremely important role in balancing the fundamental interests of the community. The NR-3, applicable in situations of serious and imminent risk, must be modulated to the reality of biological risk arose from COVID-19. Thus, facts that were simple irregularities in the building sites, today, are considered to be an excessive risk to workers' health. Such events alone authorize the temporary interruption of the work. In view of this new situation, the labor tax audit must adopt the embargo when the employer does not build living areas, such as: sanitary facilities, dressing room, place for meals and accommodation, or when they are unsuitable for use by workers, in COVID-19 pandemic. The restrictive measure appears as an appropriate act to correct distortions in the work environment and prevent workers from occupational diseases.