Análise de laudos periciais de insalubridade e periculosidade da 3ª vara do trabalho de Foz do Iguaçu – PR

Abstract

This work was based on the expert reports of unhealthiness and dangerousness, with emphasis on the results presented by the experts and their correlation with the judgments of the labor judges. To carry out this analysis, we selected 52 processes completed by 2018 at the 3rd Labor Court of Foz do Iguaçu, a member of the 9th Region of the Regional Labor Court. Regarding the methodology, the qualitative approach was used, with an exploratory character, through documentary research and bibliographic survey. Thus, with regard to the technical aspects, emphasis was laid on the regulatory norms of the Ministry of Labor, such as NR 15 regarding insalubrity and NR 16 referring to dangerousness. In legal aspects, the study dealt with Labor Law and Labor Justice. The results show that, although there is a popular perception that the decisions of the judicial experts are biased to the claimant, this fact was not verified in the data collection, demonstrating impartiality on the part of the professionals designated in the elaboration of the reports and good reliability by means of low rate of challenge. In this way, the study allowed, in a good part and in the expert point of view, the breakdown of the paradigm as to the lack of reliability in the decisions taken in judicial litigation.