O agravo no sistema recursal do processo civil atual e as inovações propostas pelo projeto de lei do senado n. 166/2010

Abstract

The present study intends to discuss the questions related to the occurrence of work injuries inside the employee's home, or, in other words, the work injuries that take place during home office hours and the employer's liability for such, a subject that still has many implementation gaps that shall be overcome. The analysis shall take in consideration the various positions sustained by various renonwned authors and connoisseurs of this subject of study, but mostly it focus on the more recent decisions by the brazilian labor courts on such matter. We shall study the pursue of a solution for the employer's civil liability before the occurrence of a work injury during home office hours, by following a line of parameters related to the existing legislation which is the Law n. 12.551/2011, which will be evaluated from the critical point of view of the damages experienced due to the lack of grater specifications on such matter. By the end, we shall address the aspects of subordinations and monitoring of the work environment as means to possibly ascribe to the employer the liability for work injuries occurred during home office hours.