“A responsabilidade civil no acidente de trabalho”

• Autor(a) principal: Manfiolli, Debora
• Data de Publicação: 2012
• 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/33828
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Responsabilidade; Dano; Risco; Empregado; Empregador; Reparação; Liability; Damage; Risk; Employees; Employer; Compensation

This essay is dedicated to the analysis of civil liability applied to work accidents. Such a study is needed to understand from when the employer becomes completely responsible for their employees and the activities they develop. The dissertation has been divided into four parts. Firstly, it seeks to understand the concept of a work accident, based on the historical comprehension of the subject and coming to understand the typical accident and those that, by law, are treated as them. It is also verified, what are the causes that lead to work accidents. In the following section, it is studied the civil liability, from its historical aspect, until the division between subjective and objective liability, from the last one extracting the issue of activity risk. Are pointed out, also, the cases of liability exclusion. The third point consists in the analysis of the damage caused by work accident, analyzing, consequently, the material damage, the non-material damage and esthetic damage. Finally, it is discussed the granting of indemnity as a form to compensate the referred damages