A atuação do Tribunal Regional do Trabalho da 18ª região nas indenizações trabalhistas pelo uso de agrotóxicos
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2020-02-20
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Universidade Federal de Goiás
Resumo
This dissertation aimed to analyze how the judges and judges of the Regional Labor Court of
the 18th Region, based in Goiânia, Goiás, have judged the compensation claims filed by rural
agricultural workers victims of pesticide poisoning in the work environment. Considering that
the Labor Court emerged as an institution umbilically linked to the realization of social rights,
does the Court in question appreciate such cases based on the mission of the Judiciary in the
context of a Democratic State of Law? The theoretical framework was supported by the
concepts of democracy, Democratic State of Law and democratic Judiciary presented by
Maurício Godinho Delgado. The work was divided into four chapters. In the first chapter, a
theoretical approach on fundamental rights was carried out, and as the Federal Constitution of
1988 guarantees rural workers victims of pesticide poisoning the right to obtain due redress
from their employers, based on objective accountability, that is, regardless the existence of
intent or guilt (recklessness, malpractice or negligence). In the second chapter, decisions
rendered in the first and second degrees of jurisdiction were analyzed in the Regional Labor
Court of the 18th Region, and verified that, despite the existence of the right of rural workers
to compensation based on strict liability, in the said Court the decisions of the magistrates fix,
by default, subjective responsibility, that is, they condition reparation to the presence of
intent or guilt on the part of rural employers. In chapter three, the formation and concept of
the Democratic State of Law, and the role of the Judiciary and judges in a democracy were
addressed, in order to identify, in the fourth chapter, the reasons and implications of the
dissonance between what is observed in the normative framework and what is actually
decided in the Regional Labor Court of the 18th Region, in relation to the claims for indemnity
deducted by rural workers victims of accidents with pesticides.
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COELHO, Arthur Douglas Seabra. A atuação do Tribunal Regional do Trabalho da 18ª região nas indenizações trabalhistas pelo uso de agrotóxicos. 2020. 159 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2020.