Análise das perícias determinadas pelo Juízo da 3ª Vara do Trabalho de São José/SC no ano de 2019

• Autor(a) principal: Effting, Elisa da Fonseca
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/3833
• topic: Insalubridade; Periculosidade; Perícia judicial; Laudo pericial; Segurança do trabalho

This work had as main goal, through a documentary research, to analyze, on the different aspects, judicial expertise of the 3ª Vara do Trabalho de São José/SC (labor court), jurisdictional body to the Tribunal Regional do Trabalho da 12ª Região (TRT 12). In order to that, 50 cases of the referred local court were selected, with judgments already handed down in the first degree of jurisdiction and with expertise carried out in 2019. As for this objective, the research was exploratory, as the author only found the frequency of certain events without needing to explain the reasons for their occurrence. Regarding the approach to the problem, the qualitative method was used, complemented by a statistical study of a sample that does not represent a totality. The study provides a theoretical framework necessary for a good understanding of this research. It presents a brief history of Occupational Safety, explains the concepts of unhealthy and dangerousness, identifying their specific legislation and exposes what are the judicial expertise, about unhealthy and dangerousness, carried out for the labor courts of the Tribunal Regional do Trabalho. About the analysis of the cases, it was observed that in the vast majority of times the judge accepted the conclusion of the expert report, showing that the judicial expert has enormous capacity to influence the magistrate in the formation of the case sentence, revealing the extreme importance of an expert impartial and neutral in relation to the parts of the process so that the effectiveness of justice in labor processes can be guaranteed.