Análise de ações regressivas acidentárias ajuizadas pelo INSS contra empresas da indústria da construção civil

Abstract

The statistics of work accidents in Brazil continue to present alarming numbers, causing losses for the employees, employers and general society, in addition to burdening the social security public system. Facing this numbers, the Social Security Agency has been improving the techniques in order to punish the companies that disrespect the health and safety work rules, provided for in the Regulation Rules elaborated by the Ministry of Labor. This paper proposes to analyze the accident regressive suits filed by INSS (Instituto Nacional de Seguridade Social - National Institute of Social Security) against those companies, in which the reimbursement for expenses with the concession of accident benefits is claimed. The methodology adopted was the research of civil appeals at a court of second instance, filed by companies due to judgements for INSS. It was sought to collect information related to the work accidents occurred, the causes that were pointed out and/or control measures that were not adopted and contributed to the occurrence of the misfortune (risk factors), quantification of the main consequences of the accidents for the employees, as well as the verification of the opinions of the judges regarding the theme and justifications of the companies, in order to confirm the efficiency of the procedure adopted by INSS. After the analysis of 100 regressive suits, it was verified that 46 belonged to the industry of civil construction, with 72% of the decisions favoring the social security agency.