The fifth class of the Superior Court of Labor denied the recognition of job stability intended by a production point of a large company manufacturer of chocolates. The decision was based on the lack of cause and effect relationship between the disease and the functions performed by the maid at the time of its dismissal.

In the labor claim, the maid narrated that it was contracted as a packaging, and that it was affected with professional disease because of the repetitive exercise of its task. After treatment, it was readapped in the production pointer function, in which it worked for 16 years until it was fired without just cause. She asked for the reintegration to work under the foundation that, at the time of her dispensation, she would have the right to accident stability due to professional disease.

The recursal judgment understood that the maid started his professional life in good health and came out affected by disease due to the performance of its functions. In this way, it would live up to provisional stability while lasting the disease, and must exercise functions compatible with its health status.

In the examination of the use by TST, the Court, decided by reform of the Regional Decision, after considering that Law 8.213 / 91 (Social Security Benefits Law) does not guarantee the bearer of professional disease to "indefinite stability in employment" . The Minister Rapporteur stressed that, despite the proof that the maid was a professional disease related to the packaging function (role prior to farewell), the disease did not keep the cause and effect relationship with the last function performed by it in the company, of production pointer.