A responsabilidade civil do empregador diante dos riscos sociais que afetam a saúde e a integridade física do empregado
This paper aims to demonstrate the liability of the employer from the advent of social risks such as sickness and accidents at work, or social risks affecting the health and physical integrity of employees, requiring, for both a duty accountability to the policy holder service, which, due to the act...
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| Formato: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2010 |
| País: | Brasil |
| Recursos: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/5342 |
| Acesso em linha: | https://tede2.pucsp.br/handle/handle/5342 |
| Access Level: | acceso abierto |
| Palavra-chave: | Responsabilidade civil Empregador Saúde Integridade física Empregado Saude do trabalhador Responsabilidade dos empregadores Liability Employer Health Physical integrity of the worker CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO |
| Resumo: | This paper aims to demonstrate the liability of the employer from the advent of social risks such as sickness and accidents at work, or social risks affecting the health and physical integrity of employees, requiring, for both a duty accountability to the policy holder service, which, due to the activity that develops, or by reason of breach of technical regulations imposed by national or foreign, exposed to risk certain property as important to humans. To this end, we will study the concept of risk, until we get the idea what it really consists of social risks, or any uncertain future event that happens independently of human will and can cause damage, and in particular that this approach here we set out to shape, reaching the health and physical integrity of hipossuficiente of employment, ie the worker. The civil liability of the employer to do so, appears as an important ally in the screening and mandatory duties of employers and employees about protecting the health and integrity of those involved in the production process developed primarily from the Industrial Revolution, responsible for serious and harmful consequences to the workers of that period had not found support. It is on this light that we seek to gather information about the historical evolution of social protection afforded to workers, starting from the early days until we reach the present day, where the Federal Constitution and various other standards infra, as the pension laws, criminal law, the law civil and different rules rugged looking always bring in their devices, explicit rules that focus on the theme of accountability, forcing the shareholders and the means of production to adopt protective measures to preserve health and the workplace |
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