The request for indemnification for moral damages by the mere transport of values by employees who do not provide security or surveillance services .
Usually, the search for the repair of the supposed damages arising from the activity in question is based on the premise of the existence of a risk to the physical integrity of the carrier, which would be subject to assaults. Nevertheless, the decision referred to following another North by not opposing the opinion of the Regional Court that he deemed that, if transport of values does not require the services of a surveillance company, there is no need to speak of Ilicitude committed by the employer who requires employee to carry out the task.
In other words, the claimant's indemnity liability would not be characterized by the absence of one of its three essential elements - in this case, Ilicitude - although, in fact, there was any damage from the employer's conduct [2] . In other words, the argument was disqualified, because it is unsustainable for the requirements set out in Articles 186 and 927 of the Civil Code.
However, there is still no way to rule out the possibility of judging illicit exposure to public security problems, especially in regions where they are more recurring.
It is still worth mentioning that some regional courts, such as the Regional Court of Work of the 4th Region, have been positioned in order to deny the transfer to the individuals, inherent in the State, to ensure security to the , as well as considered undue to transfer the undertakings of the reparatory burden on the damage caused by the inefficiency of public security policies [3].
Of this time, it can be said, without, however, being excessively optimistic, which receive an important reinforcement of the restration of indemnifying accountability by moral damages in cases similar to those of the aforementioned decisions.
[1] RR 0000979-70.2014.5.09.0009, TST, 5th class, Minister Rapporteur: Caputo Bastos. Respond on: 06/29/2016. [2] Theodoro Junior, Humberto. Moral damage. 4th ed. São Paulo: Juarez de Oliveira Editora, 2001, p. 6. [3] RO 0020888-15.2014.5.04.0405, TRT4, 10th class, draftsman: Vania Mattos. Judged on: 07/14/2016.
