Os efeitos jurídicos da contaminação do trabalhador pela covid-19 no local de trabalho

Abstract

This paper aims to analyze the legal effects of COVID-19 contamination of the worker in the workplace. With the emergence of the pandemic caused by SARS-CoV-2 at the end of 2019 and the beginning of 2020, new social demands gained ground in the country, including in labor relations. In addition to all the challenges faced related to the economic crisis, the importance of the employer's duty to comply with occupational health and safety standards in order to protect the worker from possible illnesses resulting from work, the so-called accidents at work. Thus, the possibility of classifying COVID-19 as a work accident was analyzed, based, respectively, on Provisional Measure No. 927/2020 published on March 22, 2020, in the decision of the Federal Supreme Court in the face of ADI's 6342, 6344, 6346, 6348, 6349, 6352 and 6354 issued on April 29, 2020, and finally, in relation to the provisions brought by Law No. 8.213/91. The study was carried out through bibliographical research, through doctrines, magazines, scientific articles, in addition to norms, jurisprudence, and law, since from these elements we sought to elucidate the possible effects arising from the involvement of the worker by COVID-19 in the workplace. The study concluded with the reception of the possibility of classifying COVID-19 as a work accident, which in addition to entailing the worker's right to receive social security benefit, temporary stability, and comma deposit of FGTS during the period of absence, will also lead to indemnity liability of the employer for damages caused to the employee, being essential the active conduct of the Judiciary in the analysis of each concrete case.