La responsabilidad empresarial en accidentes de trabajoun estudio comparativo entre Brasil y España

Abstract

Labour accident is still a commonplace in the productive process, even when facing technological progress and new ways of working that, paradoxically, promises to upgrade the lifestyle quality of the human being. The Welfare State crises is the background of the dissertation, as that is from the State absence in the labour misfortune prevention that grows the corporation liability system that is studied here in comparative perspective, choosing Brazil and Spain as countries to be analysed. The dissertation proposes to analyse, put light on and solve the dark spots and ineffectiveness located in one or another planning, based on the assumption (thesis) that the Spanish planning, as regards to the study theme, being more complete and complex, is more effective than the Brazilian planning, hypothesis that however does not stand. Initially in the study it was necessary to know both justice systems, in particular these labour branches and, even more specific, referring to the procedures that concern to the corporation liability resulting from accidents. To determinate corporation liability, it goes beyond civil liability itself. Thus, criminal and administrative liability are also analyzed. Furthermore, it was necessary to comprehend the Social Security System structure and operation in both countries and to make a close analysis through the international regulation bounded by labour accidents, analyzing non-ratifications and its impact on each planning.