A responsabilidade civil do empregador nos acidentes de trajeto

Abstract

In this following work, it is analysed the duty of repair of the employer as a result of the route accident suffered by the employee, which is, as a rule, during the course of his residence to the workplace or in the opposite direction. For that, it is used the qualitative and deductive method, through a bibliographical analysis on the main themes covered by the research. Initially, considering that the obligation to indemnify arises when the elements that characterize civil liability are present, this institute is examined, from the historical evolution of the subject, in order to understand its definition in the contemporaneity. After the conceptualization, it is punctuated and explained the generic requirements, as well as the main modalities classified by the doctrine and the legislation, highlighting the specific assumptions of each of them: guilt and risk. After, the work accident is studied in its broadest sense examining its development in the Brazilian legal system, the three types of misfortune existing and the consequences of its recognition in practice, especially the social security benefits in favor of the employee. Ultimately, it is focused on the course accident, in order to verify its configuration and the modality of civil responsibility applied to the hypothesis, evaluating the different understandings on the matter. It is then concluded that its main basis is in art. 7, XXVIII, of the Federal Constitution of 1988, using the provisions of article 927 of the Civil Code only exceptionally, for wanting the constitutional norm, for the accountability of the employer, the investigation of the guilty element (in a broad sense) in cases of work accident in general.