Acidentes e doenças ocupacionais do teletrabalhador e a responsabilidade civil do empregador: análise à luz da teoria dos deveres fundamentais

Abstract

The present work aims to identify in the context of the work relationship in the telework modality, what are the legal consequences that the national legislation determines in cases where work accidents occur with the worker who work in telework mode. It cannot be forgotten that, in practice, this modality of work had already been adopted for a long time, however, the teleworking regime had only been expressly provided for recently in our legal system, with the entry into force of Law No. 13.467/2017, with the inclusion of articles 75-A to 75-E of the CLT, bringing not only the concept of telework, but also the general provisions in relation to the employment contract and the formalities that are required to do so, however, current legislation has not exhausted the topic, leaving open some practical questions. In spite of art. 75-E of the CLT provides for the duty of instruction that the employer has to instruct the employees regarding the precautions to be adopted in order to avoid illness and the occurrence of an accident at work, the legislation does not tell us what way the employer must supervise and ensure that the rules of Safety and occupational health. Even so, we will analyze the Bill No. 5581/20 in order to verify whether this Project deals with the topic in depth such that it is sufficient to change the current situation of the teleworker in a general, as well as analyzing whether the said Project will bring possible changes or responses to the focus of this research. Furthermore, the present work intends to investigate with support in the Brazilian labor constitutional legal order, if the teleworker, victim of an accident at work, may claim compensation for moral and material damages, upon imputation to the employer, civil liability objective in nature. In this sense, we seek to answer the question proposed under the focus on the employer's fundamental duty to guarantee the working environment healthy for the teleworker. In this sense, the present work used the method dialectic to arrive at the result that the employer's civil liability must be determined by analyzing the employer's fault for the occurrence of the harmful fact