ROLIM, L. V.; http://lattes.cnpq.br/0193158373487412; ROLIM, Luana Vieira.
Résumé:
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.