Os efeitos jurídicos da inobservância das normas de higiene e segurança no trabalho

: a responsabilidade pelos acidentes de trabalho na perspetiva do artigo 18.º da LAT

Abstract

In our legal system, the liability for work-related accidents is objective, since it is based on the risk associated with the provision of the work activities. This means that the employer is responsible for accidents occurring at the time and place of work, regardless of fault. The Employer, under the terms of the law, is responsible for transferring its responsibility to the Insurance Entities, through a worker’s accident insurance. It should be noted that the transfer of responsibility is not unlimited, being only limited to objective liability. Not all accidents come from sudden events that are exogenous to the worker. Taking into consideration the risks of the profession, accidents often occur due to gross errors committed by the employer, subjecting workers to dangers arising from non-compliance with safety and health rules on site (by that employer). Throughout this dissertation, we intend to analyze the article 18.º n.º 1 2nd part of the LAT in dept, which provides culpable actions to the Employer, falling within the scope of subjective liability. In our opinion, this is one of the most relevant matter in this context, as it demonstrates that, despite having greater awareness of the “safety culture in workplaces”, numerous work accidents continue to occur due to a lack of planning and risk prevention. The present study will always be carried out in light of the understanding of the doctrine and diversified existing jurisprudence.

Date of Award	13 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Cristina Ribeiro Costa (Supervisor)