A competência da justiça do trabalho para julgamento das ações regressivas acidentárias do INSS

Abstract

International statistics show that Brazil is the 4th place worldwide in the number of fatal work accidents, occupying the 15th position with regard to the general accident. As a result of this high rate of labor woes, we also have a bulky amount spent on accident benefits paid by Social Security. With an aim of alleviating this scenario, assumes special importance regressive action arising from an accident at work, in charge of the welfare agency, established by article 120 of Law 8.213/91. This claim rests on the principle of civil liability, coupled with the duty of enforcement of labor protection, outlined in the Consolidation of Labor Laws. Thus, it is imperative that the negligent employer to bear the expenses incurred by Social Security. The jurisdiction for trial of such actions, however, is still a gray area, without doctrinal and jurisprudential consensus. In order to resolve the controversy over this responsibility, we need to find the correct interpretation of art. 109 of the Constitution, to see if these causes are governed by rule or by one of the exceptions set forth in this constitutional provision. Bearing in mind the situation outlined herein, there are doctrinal and jurisprudential positions favorable to the State Court, the Federal Court and the Joint Labor Court, all depending on the interpretation given to the above article. Aware of all this, the present study attempts to fix the responsibility of the Labour Court for adjudication of regressive actions arising from accidents at work, away from the then current majority on the jurisdiction of the Federal Courts Policy.