Reflexões sobre o conceito de culpa na atuação do empregador em matéria de acidentes de trabalho

Abstract

With this dissertation, we proceed to the analysis of the evolution of the legal regime of the employer's faulty performance. This topic requires a profound reflection due to recurrent legislative modifications. In order to do so, notwithstanding the predecessor laws, we must comply with Portuguese Law 98/2009, September 4th, which regulates the regime of compensation for work accidents and occupational diseases. Thus, we will start by analysing the concept of work-related accidents following closely its national definition alongside with other jurisdictions and we will conclude with the necessary characteristics for its applicability in the Portuguese legal system. In addition, we will expose the issue of aggravation of responsibility. As a result of the differing jurisprudential and doctrinal interpretations, we have witnessed some uncertainty about the regime in question. Therefore, to this extent, we propose to inquire on the concept of employer's guilt. To assess this last point, we will follow the national discussion by virtue of the legislative modifications of the present regime. It is our desire to verify compliance with the current law, culminating with the proposed protection by the insurers in order to reduce the number of accidents and increase the guarantee granted to employers and employees.

Date of Award	26 Feb 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Cristina Ribeiro Costa (Supervisor)