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Plurality of the causal nexus in occupational accidents/diseases: a legal basis study in Brazil

Abstract

Introduction:

determining the causal nexus of occupational accidents/diseases is very important, because its analysis involves ideological, ethical, humanistic, and legal factors, and it takes place in the occupational, social security, and civil law spheres.

Objective:

to identify and systematize normative legal acts to support the interpretive understanding of the causal nexus between occupational accidents and work, in the occupational, social security, and civil law spheres.

Methods:

critical-reflective essay, based on gathering and systematization of the Brazilian labor law that gives support to the establishment of the occupational accidents causal nexus by the social actors who are legally responsible for its determination.

Results:

three types of legal causal nexus were identified: job-related, by the Specialized Services in Safety Engineering and Occupational Medicine (SESMT); social security, by the National Institute of Social Security (INSS); and civil law, by the Labor Court. Law No. 8,213/1991 is the common reference for the three mentioned institutions; other normative legal acts are specific within each institution: the Occupational Regulatory Standards (SESMT); the Normative Instruction 31 (INSS), and the Civil Code (Labor Court).

Conclusion:

the correct use of the law may help to establish the relationship between accident and work, assisting in its understanding, standardization, in reducing conflicts and increasing notifications.

Keywords:
occupational accidents; occupational health; labor legislation.

Fundação Jorge Duprat Figueiredo de Segurança e Medicina do Trabalho - FUNDACENTRO Rua Capote Valente, 710 , 05409 002 São Paulo/SP Brasil, Tel: (55 11) 3066-6076 - São Paulo - SP - Brazil
E-mail: rbso@fundacentro.gov.br