DISMISSAL FOR DUE CAUSE IN CASE OF CHEMICAL DEPENDENCY: AN ETHICAL AND LEGAL ISSUE

Abstract

This paper discusses the legal, ethical, and social aspects of dismissal for due cause of workers
in situations of chemical dependency. Recognized as a disease by the OMS, chemical
dependency requires an approach that goes beyond punishment, taking into account social,
cultural, and public health factors. The application of Article 482 of the CLT is analyzed,
especially regarding habitual intoxication or intoxication at work, in light of the Federal
Constitution, highlighting that the Superior Labor Court (TST) and the 2nd Regional Labor
Court (TRT-2) have acknowledged that dismissals motivated solely by addiction, without prior
offer of treatment or support, may be considered discriminatory and null. It is concluded that
dismissal for cause in such cases should not be the first measure taken, and principles such as
human dignity, the right to health, and social reintegration should prevail, reinforcing the
responsibility of companies to adopt a humanized and inclusive approach.