O acidente ambiental trabalhista e a responsabilidade Civil objetiva agravada do empregador

Abstract

With the validity of the Federal Constitution of 1988, providing in its art. 7, XXVIII, the right to indemnity for an accident at work, by the employer who is guilty or guilty, opened a heated debate about the compatibility of the modalities of objective civil liability with occupational accidents, insofar as the rule require s the subjective requirement of fraud or guilt. The decanted position was that the provisions of art. 7 ° constitute a minimum level of rights, and ordinary legislation may establish a broader range of protection for workers, since the caput of this article guarantees them the rights established in the paragraphs, as well as others that seek to improve their social condition. Once this obstacle was overcome, the discussion began to be about the limits of the coexistence of objective responsibility with the general rule of subjective responsibility, especially the correct identification of the accidental relationships in which each of the formulas has incidence. In this context, the article aims to specify the various microsystems of civil liability in labor relations, focusing on the study of civil liability of the employer in cases of environmental accidents.