Subordinação e responsabilidade: uma análise a partir da contaminação de trabalhadores na Pandemia de COVID-19

Abstract

This article examines the labor theory of employer liability and its applicability during the COVID-19 pandemic, with an emphasis on non-essential services. The study, a literature review, analyzes the evolution of employer liability concerning work accidents and occupational diseases, considering COVID-19 as a new category. The objective is to discuss the implications of objective and subjective civil liability and to assess whether they are comprehensive enough within labor law. Additionally, it investigates the causal link and its relevance in holding employers liable for contamination-related damages. The research concludes that by requiring workers' presence in non-essential services, employers created unnecessary risks, resulting in expanded liability different from that addressed in civil law. The methodology involved reading books and scientific articles, enabling a critical analysis of the peculiarities of the employment relationship and the importance of the principle of protection. The research reveals that the labor theory of liability is essential to ensuring worker safety, especially in health crisis contexts, and suggests the need for more effective protection for employees.