O acidente de trabalho e a responsabilidade civil do empregador no contrato de trabalho

Abstract

The main objective of this study is the analysis of the civil liability of the employer focusing on the work contract and that investigates several professors in several aspects, especially regarding the species of civil liability of the employer in case of finding a work accident in One of its employees of the company, as well as the assumptions that lead to the characterization of the accident at work, and the equivalences of accidents at work in the labor law. We know that the employer has the power of subordination, but in addition, has the duty to oversee their employees and company. Such oversight duties include that the employer has to supervise the work environment, and verify that the work environment is safe, healthy and wholesome. In addition, the employer in his control has the duty to make personal protective equipment available to his employees, so that he may avoid occupational accidents or illnesses. The Federal Constitution of 1988 brings among several guarantees to the worker the reduction of the inherent risks to work, by means of norms of health, hygiene and security and with this the subject civil responsibility of the employer creates even more force of the labor sphere determining to the employer the responsibility Not only directly related to the accident at work, but rather, the diligences that the employer applies to prevent such accidents from occupational diseases of work. Therefore the main focus of this work is to check the responsibilities of the employer with their employees, as well as verify the measures that the employer is applying in his company to avoid certain accidents.