EMPLOYER'S LIABILITY

NOTES ON LEGAL EVOLUTION

Abstract

This study aims to analyze the sole paragraph of Article 927 of the Civil Code that inserted into the legal system the objective civil liability based on risky activity, focusing on accidents resulting from work. Due to the adoption of the legislative technique of general clauses and undetermined concepts, the wording of this provision intentionally did not delimit which activities imply, by their nature, risks to the rights of others. In this context, the judiciary plays an essential role: freedom of action in the specific case, delimiting what are the risky activities. In addition to presenting the jurisprudential evolution on the subject, this article aims to identify, without excluding any other range of possible activities, which give rise to the objective liability of the employer, assessing the application of the sole paragraph of Article 927 of the Civil Code before the precepts of Article 7º, inc. XXVIII, art. 5º, § 2, of the Federal Constitution and the Law of National Environmental Policy (Law n.º 6.938/1981).