Responsabilidade civil do empregador decorrente do acidente de trabalho e parâmetros de fixação da pensão mensal

Abstract

The presente work is about the civil responsability arising out the particularities of holding the employer responsable for such within common law, starting from the subjective theory, consideringthe theory of the risk, its historic evolution and current function.Comments were also made on the concept and general aspects of the industrial accidentsand their consequences, as well as the historic evolution of this branch of law, and also aboutsome aspectsofthe environment in which labour occurs, the prevention of risks and social security and after that an analysis was made ofcivil responsability due to industrial accident emphasizing the maxim that is alwaysbest to prevent such accidentsthan otherwise to make upfor them.Based on the 7th article, XXVIII, of our Magna Charta, the subjective theory was studied consideringthe action or neglect by the agente, the culpability in a broad sense, the damages caused (both material and moral) due to the industrial accident and the connection between its causes.Furthermore, it was considered the comparative law, with legislation and civil responsability due to industrial accidents, in some european countries and in Argentina