Acidente de trabalho e indenização por dano extrapatrimonial: um estudo do posicionamento do TRT-8 a partir do incidente de arguição de inconstitucionalidade nº 216

Abstract

The present dissertation proposes to analyze the current position of the Regional Labor Court of the 8th Region (TRT/8) in relation to indemnities for off-balance sheet damages resulting from work accidents. Thus, the objective is to investigate the theoretical and factual elements that are being used to obtain the indemnity quantum attributed in these reparatory actions, especially after the judgment by the Plenary of the Civil Unconstitutionality Claim no 216. unconstitutionality of items I to IV, of §1, of art. 223-G, CLT. Methodologically, it is an empirical-analytical, descriptive and exploratory approach, in which the conclusions will be extracted from the information that will be evidenced when analyzing the jurisprudence of the TRT/8, in order to reach the objective that motivated the present research. In order to achieve the objective of the present work, it is necessary to structure it in four parts. First, a delimitation and contextualization of the work accident in Brazil will be carried out; later, worker protection as a constitutional right will be addressed, an opportunity in which the multidisciplinary impacts of the work accident will be discussed, both on the worker's life and on life in society; afterwards, the jurisprudential understanding of the TRT/8 will be investigated, with the delimitation after the incident of the Claim of Unconstitutionality; and, finally, present the final considerations of the research.