CIVIL LIABILITY OF THE EMPLOYER IN CASES OF WORKPLACE ACCIDENTS: ANALYSIS OF THE JURISPRUDENCE OF THE SUPERIOR LABOR COURT UNTIL THE JUDGMENT OF THE GENERAL REPERCUSSION THESIS Nº 932

Abstract

This study addresses a topic that has sparked heated debate in the legal field: employers' civil liability in cases of workplace accidents. With the advent of the new Civil Code, case law and legal doctrine began to debate which theory of civil liability should be applied in cases of workplace accidents, and how to interpret the legal framework in the quest to achieve the ideal of social justice. With the publication of Constitutional Amendment No. 45/2004, this debate took on a new perspective, being analyzed from the perspective of the protectionist principles governing labor law. For a better understanding, we must discuss the concept, legal nature, and assumptions underlying civil liability. We must also elaborate on the conceptual framework for workplace accidents under current regulations. We must also examine the theories and arguments underlying each line of defense, whether based on Article 7, Section XVIII, of the Federal Constitution, known as subjective civil liability, or on the sole paragraph of Article 927 of the Civil Code, which supports the concept of objective civil liability. Finally, we will analyze the case law of the Supreme Labor Court
to assess whether there have been changes in positions and which theory is most consistent in the judgments, up until the Supreme Federal Court's analysis and resolution of the issue in its ruling on General Repercussion Case No. 932 in 2020.