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Since the beginning of the Covid- epidemic, the trauma of losing contact with loved ones has led many families to seek compensation through the courts. Little by little, the first instance, especially the Labor Court, begins to make decisions in this regard. In one of the most recent cases, family members of a fatal victim of the disease were denied their claim to obtain compensation for moral damages resulting from the death of the deceased worker. reproduction Relatives of a doorman who died from Covid- were unable to obtain moral damages in the Labor Court The action was filed by family members of a doorman hired by a construction site surveillance company that provides services to an important construction company in São Paulo. The worker died in April last year. The judge's ruling from the rd Labor Court clarifies that there is no causal link between the employee's death and his work duties, dismissing the claims arising from moral and material damages as unfounded. According to the decision, the expert report stated that the doorman carried out his activities in an isolated place, alone (in a guardhouse isolated by glass), at night, with reduced movement of people.
He also didn't make the Greece Phone Number rounds. "Considering all the factors mentioned and due to the very nature of the job performed, it is concluded that the worker did not work in a place exposed to a high risk of contamination by Covid-, as happens, for example, with those workers who work in health care units. health, or even in places with crowds of people", says an excerpt from the decision. "Therefore, in the case of a pandemic, there is no way to guarantee the causal link, as it is not possible to unequivocally determine the origin of the contagion due to the disease that led to the complainant's death", he continues. In fact, it was demonstrated by judicial expertise that the companies already followed and continue to follow all health protocols, explains Leonardo Jubilut , lawyer for the construction company and head of uctive of labor rights. In the analysis of its precedents, the formation of a jurisprudential movement to downgrade Labor Law and the institutions responsible for its application is evident, including the Labor Court, the Public Ministry of Labor and the Labor Inspection. The movement is based on economic premises of deregulation, precariousness and lowering of working conditions. This is not an analysis, but an observation, which comes from a simple enumeration of the decisions that have been handed down by the STF.
Some examples are very illustrative of both the weakening of Labor Law and the emptying of the justice system responsible for its application: a) Authorizes widespread outsourcing, in all types of activities and in the most diverse economic sectors, compromising the entirety of Labor Law ; b) It imposes the prevalence of the negotiated over the legislated, including through individual negotiation, removing the incidence of rights provided for in the Constitution and the law ; c) Dismantles the union movement, eliminating its sources of funding, prohibiting collective bargaining itself from establishing sources of financing for union activity ; d) Removes the competence of the Labor Court to resolve various conflicts arising from labor relations or even the employment relationship ; e) Authorizes the Legislative Branch to cut the annual budget of the Labor Court, removing slices of the resources necessary to cover its expenses . To the huge list of precedents for weakening Labor Law and emptying the Labor Court, we must add the various issues that were intentionally suppressed, which end up legitimizing legislative changes, government policies and business practices that lower labor protection.
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發表於 16:09:30