Enquadramento da COVID-19 como doença ocupacional: análise de julgados do Tribunal Regional do Trabalho da 3° Região

Abstract

This article deals with the possibility of employee contamination with the coronavirus disease (COVID-19) being framed as a work-related disease, a discussion that began with the suspension of the effectiveness of article 29, of Provisional Measure n° 927, published in 2020, as one of the actions adopted by the government to face the state of public calamity in Brazil. After the declaration of the unconstitutionality of the article of such provisional measure, which attributed to the employee the burden of proving the causal link of contamination during the exercise of work, we could notice the dissonance of the labor jurisprudence itself, given the different interpretive possibilities according to current legislation and theoretical contributions adopted. With this in mind, the present work aimed, through the analysis of selected judgments of the Regional Labor Court of the 3rd Region, to contribute to the discussion about framing COVID-19 as an occupational disease.