HUMAN DIGNITY AND THE RIGHT TO HEALTH: Constitutional Amendment 103/2019 and the harm to special retirement for workers exposed to unhealthy conditions.

Abstract

This article analyzes the relationship between human dignity and the right to health, focusing on special hiring as a measure to mitigate the adverse effects of working in unhealthy conditions. The objective is to demonstrate how granting special retirement acts as an instrument to protect the health of workers, while at the same time implementing constitutional principles related to dignity and the right to life. To this end, a hypothetical-deductive methodological approach was used, with bibliographic and documentary research, covering legislation, investigations and doctrines on the subject. The results indicate that special retirement, by enabling the early removal of workers exposed to contracted agents, contributes significantly to the prevention of irreversible damage to health and to guaranteeing a minimum existential level compatible with human dignity. It is concluded that social security policy, when protecting workers' health, should always reinforce the State's commitment to fundamental rights and to reducing inequalities resulting from adverse working conditions. However, Constitutional Amendment 103/2019 was a setback, as it further limited the insured's access to the benefit, forcing them to remain exposed to activities that are harmful to their health and physical integrity for longer.