Ação de regresso do INSS contra o empregador causador de acidente de trabalho sob a ótica dos tribunais

Abstract

The present monograph aims to study the social security return action in the Brazilian legal scenario. This starts with the problem of how the INSS can use the social security action against the employer who caused the accident at work. It is hypothesized that with the validity of Law 8.213 / 1991, which provided for the provision of the action for social security return, it is possible that the INSS will bring the action for return against the employer, whenever characterized its fault in the occurrence of the accident. job. Thus the present work has as its general objective to carry out a study of the action of social security return against the employer that caused the accident at work in the courts. The work was developed by the hypothetical descriptive method, with qualitative approach. The methodological procedures were summarized in vast bibliographical research, based on books, legislation, articles and legal websites. Initially, research was conducted on the historical evolution of social security, as well as a study of the types of social security benefits arising from occupational accidents, as well as their procedural aspects. In addition, a research was conducted on the themes of work accident and employer culpability, object of analysis of the judges in the judgment of a studied action. Moreover, it was discussed about the competence for judgment, as well as to whom the burden of proving belongs. Finally, a study on the constitutionality of the subject was carried out, in view of several theses raised by the doctrine asking for the unconstitutionality of the social security return action to be declared