A responsabilidade do empregador nas doenças do trabalho: o nexo de causalidade na LER/DORT

• Autor(a) principal: Ferreira, Yandra Barreto
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35965
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; LER/DORT; Nexo causalidade; Responsabilidade do empregador; RSI/WMSDs; Causality; Employer responsibility

This work presentes an analysis in the doctrine and jurisprudence about the employer’s liability in the occurrence of occupational diseases, especially in the causal link in Repetitive Strain Injury (RSI) and Work-Related Musculoskeletal Disorders (WMSDs). Researchers show a concern with exposures from many professional areas, because their activities involve procedures and interventions that put workers at constant risk. For this reason, we analyze the main ergonomic agents present in several jobs that affect the physical and mental integrity of workers. The literature showed that the high occurrence of RSI/WMSDs was due to the advances in technology and the automation of production processes. For this reason, the RSI/WMSDs are no longer a topic analyzed by health experts, Labor law operators started to analyze this syndrome due to the increase in legal demands in the field of Labor Law. Based on the foregoing, the objective of this study was to make a legal analysis of the employer's responsibility in the causal link in the RSI/WMSDs. The methodology used was the bibliographic research, based on exploratory nature. The study showed that the employer’s liability for damages resulting from these pathologies is assessed from the configuration of the causal link, through the worsening of the disease due to preexisting conditions of work, and should be applied objective theory based on risk theory created