The hermeneutical review by inverse autopoiesis of the concept of unhealthy work additional at the maximum degree of Precedent 448 of the TST in the face of the Theme 1.076 of the STF

Abstract

The Precedent 448 of the TST deals with the maximum degree of unhealthiness observed in the environment of cleaning toilets, since notices a “large circulation of users”. According to the Precedent, the maximum degree of unhealthiness would prevail, regardless of the provisions of the Collective Agreement of the Category or any expert assessment carried out by a union entity, and its relevance to the debate was set aside. Thus, the importance of a analysis according to the CCT rule was excluded, given the imposition of the Precedent. However, there was an internal circumstantial change in the system, since the pressure of this hypothesis of analysis of unhealthiness, according to the definition of the CCT, an occurrence “hanging by exclusion, but still within the system itself”, gave rise to the issue in the STF (Precedent 1.046) that once again called into question the absolute prevalence of the summary understanding. The phenomenon observed is an inverse autopoiesis, since, normally, the change in the system occurs due to frictions in the environment, arising from expectations of other systems. But in this situation, the opposite is observed: the occurrence excluded from the main mechanism, without a function, but from within the system itself, is what pressed its edges, providing shelter for changes in the legal subsystem.