Responsabilidade civil do empregador no acidente de trabalho

Abstract

This article deals with accidents at work and the way how it can be repaired civilly by the employer. In the Civil Code of 2002, article 927 adds the two types of liability, and the Caput establishing liability subjective as a general rule and its sole paragraph bringing the objective liability in cases specified by law or when the activity performed the perpetrator imply, by its nature, risk to the rights of others. The first part of the single paragraph can be understood immediately, while the second is at the discretion of the interpreter fill the vacuum that the law has not completed about the possible risks that can be generated by the activity. To fill the loophole, it must have a foundation in Article 7, item XXVIII of the Federal Constitution of the Federal Constitution of 1988, which strengthens on the employer's liability for fraud or negligence in work accident. In this step, about the industrial accident, this study wants to demonstrate that the theory is framing increasingly on subjective responsibility, which requires a causal link between the conduct, the damage and the fault (intent or fault) the agent causing the damage. However, to explain the kind of responsibility to be applied in a considered risky activity will depend on the individual case, as many of these activities are not typified by law and must be assessed with caution.