Responsabilidade civil do empregador no acidente de trabalho in itinere: análise ao entendimento jurisprudencial do Tribunal Superior Do Trabalho (TST).

Abstract

Analysis jurisprudential understanding the Labor Superior Court on the applicability of objective liability of the employer in cases of commuting accident at work. Initially there is the concept and the various work accidents ratings present in the current legislation, present in the current Law n.º 8.213 / 1991, which provides for the plans of Social Security benefits, pointing out the rights and duties of the employee and the employer in cases of disasters resulting from accidents at work. Overcome this part, the liability subjective and objective are presented, addressing in particular the theory of risk and their species. Finally, the current understanding of the Superior Labor Court was approached, pointing the differences and grounds for exemption from the employer, considering the guilt or employee fraud, the act of God and force majeure, it is possible to conclude that the understanding the judging body is about the possibility of applying the theory of strict liability in most cases, walking the same risk in the wake of the theory of understanding.