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Brazilian Federal Supreme Court decides that employer has objective civil responsibility in occupational accidents at risk activities

The Brazilian Federal Supreme Court's (STF) Plenary decided, on Thursday (5), that the worker who acts in risky activity is entitled to compensation due to damages resulting from work accident, regardless of proof of fault or negligence of the employer. By a majority of votes, the ministers understood that the imputation of the employer's objective civil liability for damages resulting from occupational accidents in hazardous activities is constitutional. The general repercussion thesis will be defined in an upcoming session.

The issue was decided in the Extraordinary Appeal (RE) 828040, with recognized general repercussion, in which it was discussed the possibility of applying the rule of article 927, sole paragraph, of the Civil Code. The understanding of the RE rapporteur, Justice Alexandre de Moraes, prevailed that there is no impediment to the possibility of accidental and civil compensation overlap, provided that the activity performed by the worker is considered to be of risk.


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