A concreção eficacial do Fator Acidentário de Prevenção sob a luz do artigo 10 da Lei nº 10.666/2003

• Autor(a) principal: Mazarin, Carla Trevisan Ranieri
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7084
• topic: Proteção acidentária; Direitos Fundamentais; Meio ambiente do trabalho; Prevenção acidentária; Fator Acidentário de Prevenção; FAP; Eficácia; Labor accident protection; Fundamental Rights; Labor environment; Labor accident prevention; Accident Prevention Factor; APF; Effectiveness; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this paper aims to analyze if the Accident Prevention Factor (APF) institution has reached its effectiveness, which is the reduction of the labor accidents rates. However, to have this discussion is necessary to analyze the evolution of the legislation that protect the employee, who is a victim of a labor accident, and we will see the foundation of this protection, as well as the configuration of the risks that require such protection, and the concept of a labor accident and the reformulation that this concept has gone through, considering the changes caused by society. Then, we will look up the concepts of system, effectiveness, as well as principles and rules that will provide for us the necessary support for the inclusion of the labor accident protection in the list of the fundamental rights, and their relation to the social rights. We will analyze the protection of the working environment and the impact that the lack of security measures can lead to the Social Security System. From then on, we will introduce the concept of the Accident Prevention Factor and the respective calculation methodology, and the questionings that the implementation of this tool caused. Finally, we will check why the Accident Prevention Factor is framed as a social prevention tool, and the reason why its measurement was set by economic sector, and the results of its implementation through the labor accident statistics provided by the Social Security Ministry