A Responsabilidade Civil do Empregador na Indenização em Decorrência de Doença Ocupacional

Abstract

Civil liability may be subjective when it results from the fault of the agent causing the damage, or objective, when it does not have the element of guilt as essential, but considers present the duty to indemnify if present in the act damage and causal link. The Civil Code of 2002 consecrated in its legal diploma the objective responsibility, already applied in the legal system. This monograph intends to explore the application of this responsibility, also called “risk theory”, in labor relations, specifically, in the actions in which civil indemnity is discussed for the development of occupational diseases, addressing its effects and possible exclusions. It presents the concept of civil responsibility, distinguishing the differences between subjective and objective responsibility, the characteristics of the main occupational diseases, the forms of prevention and jurisprudential analysis of the subject. Finally, it shows that the Brazilian judiciary uses the objective responsibility to base most of its decisions on the subject.