In a recent decision, the 1st Federal Civil Court of the Judicial Section of Amazonas determined that companies must reimburse the INSS (Brazilian National Institute of Social Security) for amounts paid in social security benefits resulting from workplace accidents. The ruling stems from regression actions filed by the Attorney General’s Office (AGU), which recognized that the accidents were directly related to the failure to observe safety standards intended to protect employees.
During the course of the proceedings, the court found that the companies did not adopt sufficient preventive measures to reduce the risks inherent in the activities carried out. Failures were identified in operational planning, lack of prior assessments of existing hazards, and deficiencies in the guidance provided to workers regarding the appropriate procedures for performing tasks.
The case analyzed involved accidents that resulted in death and serious injuries, which led to the granting of death pensions and accident benefits to workers and dependents. However, the analysis of the expert reports and technical reports demonstrated that the events could have been avoided if minimum safety conditions had been implemented in the workplace. The companies argued in their defense that the employees had acted without authorization or recklessly. However, this argument was rejected by the Judiciary, which pointed to a lack of evidence of adequate supervision or specific protocols for high-risk activities, evidencing employer negligence in conducting operations.
Given this scenario, the companies were held civilly liable for the losses suffered by the social security system, ordering the reimbursement of amounts already paid and the payment of future benefit installments, for as long as the INSS (Brazilian National Institute of Social Security) remains obligated to the insured and their dependents.
The decision sets an important precedent that makes it even more relevant for companies to pay attention to safety standards and risk management, raising the level of care required in conducting their activities.
Reference process: 1000270-64.2018.4.01.3701 – https://sso.cloud.pje.jus.br/auth/realms/pje/protocol/openid-connect/auth?response_type=code&client_id=pje-trf1 1g&redirect_uri=https%3A%2F%2Fpje1g.trf1.jus.br%2Fpje%2Flogin.seam%3Bjsessionid%3DoPOApgWynuhrHMGpxxmrNfmp7qsLowfVn8aUc05w.pje1gprdwf04?cid%3D286027&state=43a23f75-bf87-4c45-95df-9ec20c533962&login=true&scope=openid
Pedro Oliveira Moura Santos | pedro.santos@nascimentomourao.adv.br
Partner in the area of Strategic Litigation, specializing in Labor Law and Procedure.
Matheus Selaibe de Souza | matheus.souza@nascimentomourao.adv.br
Lawyer specializing in Strategic Litigation.
