Affiliation:
1. Universidade Estadual Paulista, Brasil
2. Universidade de São Paulo, Brasil; Universidade de São Paulo, Brasil
Abstract
Abstract The risk theory or objective liability dispenses proof of guilt or intent and requires only the occurrence of damage and the causal link. Although the constitution establishes the responsibility for work accidents as subjective, it has been observed in the doctrine and in the judiciary the adoption of objective liability in some cases of accidents and occupational diseases. This study aims to analyze the decisions of the Regional Labor Court of the 15th Region - São Paulo to know in which situations the court has used objective liability. The quantitative-qualitative, exploratory and descriptive research was developed based on document analysis and literature review. The document research was carried out in judgments that contained the descriptor “work accident,” available in the database of the Regional Labor Court of the 15th Region, judged between 11/11/2015 and 10/11/2017. The results indicated that, of the total of 559 cases judged, in 275 the decision was founded, being 15% by objective liability. Considering only the founded cases, objective liability appeared in 30.5% of them. This percentage reveals that decision-making based on the notion of objective liability is already expressive in this court, and that such adoption has the potential to affect accident prevention practices.
Subject
Public Health, Environmental and Occupational Health,Health (social science)
Reference34 articles.
1. Modelo de Análise e Prevenção de Acidentes - MAPA: ferramenta para a vigilância em Saúde do trabalhador;ALMEIDA I. M.;Ciência & Saúde Coletiva,2014
2. Gestão da segurança: teorias e práticas sobre as decisões e soluções de compromisso necessárias;AMALBERTI R.,2016
3. A responsabilidade objetiva do empregador no acidente do trabalho;ARMOND G. H. S.,2011
4. Análise de conteúdo;BARDIN L.,1977
5. Controle de riscos: prevenção de acidentes no ambiente ocupacional;BARSANO P. R.,2014