A jornada exaustiva e o dano existencial dos caminhoneiros que transportam cargas perigosas

Abstract

This article analyzes the exhausting workload and existential harm experienced by truck drivers transporting hazardous cargo in Brazil, highlighting the legal, social, and human implications of this reality. The study begins with the observation that the profession, although essential to the national economy, is marked by precarious working conditions, long hours, and a lack of adequate infrastructure for rest and leisure. The research adopts a qualitative approach, based on a literature review, specific legislation, and case law analysis. Law nº. 13.103/2015, the Consolidation of Labor Laws, and recent decisions by the Superior Labor Court and the Supreme Federal Court that recognize existential harm as a direct violation of human dignity are examined. It appears that workdays exceeding 12 hours, combined with pressure for productivity and the transportation of high-risk substances, compromise drivers' physical and mental health and hinder their family and social life. It is concluded that existential harm should be presumed in situations of habitual overload, and it is the responsibility of the State and companies to adopt effective prevention and development policies for this category, respecting the constitutional principles of the social value of work and human dignity.