Post by xyz3600 on Feb 25, 2024 1:23:35 GMT -5
The Plenary of the Federal Supreme Court formed a majority, this Wednesday (4/9), to declare constitutional the objective liability of companies for damages to workers arising from employment relationships. The session was closed and will return this Thursday (5/9) to conclude the trial. Rosinei Coutinho/SCO/STF STF forms majority to declare objective liability for damages Rosinei Coutinho/SCO/STF The trial was suspended after minister Gilmar Mendes stated that the vote was long and complex and would differ from the rapporteur. So far, the understanding of the rapporteur, Minister Alexandre de Moraes, prevails. For him, laws were developed so that companies are held responsible for injustices at work.
In rejecting the appeal, the minister proposed the following thesis: "article 927, sole paragraph of the Civil Code, is compatible with article 7, XVIII, of the Constitution, with the objective liability of the employer for damages arising from work accidents in cases specified by law or when the activity normally carried out by its Middle East Mobile Number List nature presents a special risk with harmful potential and implies a greater burden on the worker than on other members of the community". The rapporteur's understanding was followed by ministers Edson Fachin, Luís Roberto Barroso, Cármen Lúcia, Ricardo Lewandowski and Rosa Weber. The only one to disagree was minister Marco Aurélio. Alexandre stated that the provision of the Civil Code is "fully" compatible with the Constitution.
The provisions of the CC provide for the obligation to repair the damage, regardless of fault, in the cases specified by law, or when the activity normally carried out by the perpetrator of the damage implies, by its nature, a risk to the rights of others", he said, in the Plenary . Appeal The appeal was filed against the decision of the Superior Labor Court that recognized the company's objective liability in a case in which a security guard who, in a shootout, killed a person who was passing by the place. Therefore, the company responds even without proof of guilt or intent, since article 927 of the Civil Code applies to the case, as decided by the TST, as it is a risky activity. The convicted company contested the decision, alleging an offense against article 7, item XVIII, of the Constitution, as the accident occurred outside the workplace, in a public environment.
In rejecting the appeal, the minister proposed the following thesis: "article 927, sole paragraph of the Civil Code, is compatible with article 7, XVIII, of the Constitution, with the objective liability of the employer for damages arising from work accidents in cases specified by law or when the activity normally carried out by its Middle East Mobile Number List nature presents a special risk with harmful potential and implies a greater burden on the worker than on other members of the community". The rapporteur's understanding was followed by ministers Edson Fachin, Luís Roberto Barroso, Cármen Lúcia, Ricardo Lewandowski and Rosa Weber. The only one to disagree was minister Marco Aurélio. Alexandre stated that the provision of the Civil Code is "fully" compatible with the Constitution.
The provisions of the CC provide for the obligation to repair the damage, regardless of fault, in the cases specified by law, or when the activity normally carried out by the perpetrator of the damage implies, by its nature, a risk to the rights of others", he said, in the Plenary . Appeal The appeal was filed against the decision of the Superior Labor Court that recognized the company's objective liability in a case in which a security guard who, in a shootout, killed a person who was passing by the place. Therefore, the company responds even without proof of guilt or intent, since article 927 of the Civil Code applies to the case, as decided by the TST, as it is a risky activity. The convicted company contested the decision, alleging an offense against article 7, item XVIII, of the Constitution, as the accident occurred outside the workplace, in a public environment.