Responsabilidade civil do empregador nos acidentes de trabalho.

Abstract

This essay had as objective analyze a topic, yet, controversial in doctrine and jurisprudence, which is the employer's liability in accidents. The meaning discussion is which would be the best theory of liability to be applied to the employer, compared to occupational accidents that occur with your employees. It would be the subjective theory, who will takes its foundation in the article 7, item XXVIII of the Federal Constitution, or the objective theory, foresee in the Article 927, sole paragraph of the Civil Code. This approach gained increasing focus with the effect of the new Civil Code that implemented the objective theory in this legal diploma. That said the methods to perform this study will be historical and comparative, since it will be an analysis of the evolutionary history of the civil responsibility, focusing on accidents at work, comparing the evolution of the legislation doctrine and jurisprudence through time. For execution it will be use the deductive method starting with a overview understanding of the two theories of liability, showing the position of some teachers and the knowledge in courts. Operating will be of direct documentary research thougth the books, documentaries, monographs, eletronic essays and Brasilian Laws.