Ações regressivas acidentárias

Abstract

The regressive actions arising from work accidents proposed by INSS against the employer, in order to get your refunds as social benefits paid in respect of accidents at work occurred through the fault of the company, represent true bis in idem, since the employer already contributes to the work accident insurance – SAT, whose purpose is precisely to pay for accident benefits. Moreover, the INSS’s compensation, throught mentioned actions, represent an additional source of funding and, as such, should have been provided by the Suplementary Law, according to article 154 of the Federal Constitution, which markes reference to paragraph 4, article 195 of the same law, formal requirement unmet by article 120 of Law No. 8.213/91, since this is Ordinary Law. Furthermore, article 7, XXVIII, from Federal Constitution does not supports the claim for reimbursement of the INSS, but only to the employee against his employer. It appears, therefore, that it is impossible to sustain unconstitutionality of Article 120 of Law No. 8.213/91. However, the filing of these actions should be observe the three-year limitation period provided for in Article 206, § 3, V, of the Civil Code, when the occurrence of the event has not elapsed over ten years. Otherwise, this means that if there is more than 10 years passed, will observe the twenty-years prescription under article 177 of the Civil Code of 1916. Furthermore, the claim for INSS deferral of compensation, essential to demonstrate the employer’s fault, or the municipality to prove that the work accident occurred because of a failure by the employer, standards of safety and occupational health