The claimant claimed that shoulder injuries were developed from the exercise of exposure activities at a marked risk. The company denied the employee version and maintained that the pathology had degenerative character and that the activities developed did not justify the objective accountability of the industry.
The Minister Rapporteur, Dora Maria da Costa, pointed out that it was not possible to extract from the regional judgment that the activity carried out by the company expounded its employees at a marked risk. It was understood that the scheme of objective liability was not applicable to the case, since the risk of activity was not above the average level of the collective in general.
Objective liability applies only in cases that the doctrine calls for "exceptional risk" as in situations of activities related to electricity or nuclear energy exploitation, for example. The agent must indemnify when, because of its economic activity, creates a danger for those who provide services, observed the rapporteur.
The decision has also stated that the objective liability for the basis of the civil code can not be applied indistincibly, since its application is restricted to the cases provided for in law and employee at exceptional risk of injury.
Source: TST news
Process: RR-2730-33.2012.5.11.0001
