O acidente de trabalho de trajeto após a vigência da Lei nº 13.467/17

Abstract

The purpose of our work is to conclude whether Law No. 13,467/17, popularly known as Labor Reform, abrogated, even tacitly, the work accident on the way. The CLT little explores the work accident, leaving such position to the Federal Constitution, Civil Code and other sparse laws, especially Law No. 8,212 and 8,213, both of 1991. Given the profound reform brought by Law No. 13,467 / 17, it is important that the legal operator analyze and position itself whether the reform is directed solely to the CLT or also to the set of rules that make up the labor legal system. As the work accident on the way is outside the CLT itself, we have no doubt that the matter, while not pacified by the courts, will generate the most diverse understandings. Without having the objective of exhausting the subject and still without pretending to present the definitive solution on the subject, we will try to expose the theses of each current to, finally, present our position on the proposed discussion. The end result of our studies was that the so-called Labor Reform did not exclude from our legal system the hypothesis of a work accident on the way. To reach the conclusion on the subject, we seek primarily to analyze the historical evolution of the institute, to consolidate the concepts on the subject and, based on the structured subject, we will focus the study on the legislative change and its implications on the subject. We will advance the study to a hermeneutic analysis (grammatical, systematic and teleological-axiological methods), and then seek to present applicable jurisprudence and doctrine