O adicional de risco do trabalhador portuário avulso após a decisão do tema 222 do STF: uma análise jurídica diante da interpretação diversa dada pelas turmas do TRT- 8

Abstract

This scientific article aims to demonstrate that the Additional Risk will only be due to Casual Port Workers if the requirements established by Theme 222 of the STF are respected, that is, there must be payment for the worker with a permanent contract and the worker One-time employee must be in the same conditions as the employee with a permanent contract who receives the aforementioned additional payment. It is correct that in the application of this topic, some classes of the Egrégio Regional Labor Court of the 8th Region were decided to automatically apply the additional fee. Initially, it will be contextualized on the actions of OGMO, the independent port worker and the risk premium. After that, we will deal with the legal and principle analysis linked to the judgment of Extraordinary Appeal 597.124 that gave rise to understanding 222 of the STF. Subsequently, the inapplicability of the automatic risk premium for TRT-8 Classes will be demonstrated.