O paradoxo da fixação das garantias constitucionais em relação aos acidentes de trabalho e a concessão dos benefícios “eternos”.

Abstract

Work is the essence of man. Throughout history, man and work have had different forms of interaction to become what we know today. Labor law was created and transformed throughout the world, causing the working class to be rescued from an ideal of prejudice and to gain their dignity. In Brazil, within the Federal Constitution, it has a duty based on its corresponding principles and rules, covering mainly health, safety at work and the wellbeing of the worker. The fundamental principles generate constitutional guarantees that provide for the granting of labor rights. Within this sphere, it deals specifically with accidents at work, promoting a series of preventive measures to prevent the employee from suffering any type of accident. However, accidents happen, and employees see the granting of benefits referring to the existing aid in the law to find their moral and patrimonial support. However, the presumption of continuity of benefits is vitiated by the very individuals who have already needed it, making it possible for them to survive from a benefit, where there are often already working conditions. In this perspective, the present study aims to understand the Brazilian reality in relation to social security benefits that are still erroneously granted and to demonstrate how constitutional guarantees often need a greater focus on the availability of caution and inspection of the granting of these benefits. Also point out, where and how this occurs, as well as envision its applicability with fairness and equity. Research based on the basic technique of bibliographic review was sought, primarily analyzing the law and the doctrine inherent to the values of the problem and, secondarily, the jurisprudential analysis, in order to demonstrate how the topic is practically treated, seeking to promote understanding and ensure knowledge of the facts giving rise to the cause of the problem, bringing a possible notion to the problem in question.