bachelorThesis
A obrigatoriedade da realização da perícia para a concessão do adicional de insalubridade e periculosidade: uma afronta ao princípio da celeridade processual
Fecha
2015-11-12Autor
Santos, Cláudio Fernandes
Resumen
This article has the goal to do a critical analysis about the practical impossibility of compulsory realization of skill, provided in Article 195 of Consolidation of Labor Laws (CLL), for the effective and expeditious adjudication of labor lawsuits that seeks concession of the hazard and dangerousness. It is intended to show how in processual practice the requirement of be realized the skill delay he judgment of the actions, causing problems to the claimant, once the labor credits have maintenance nature. This way, this article proposes that the obligatoriness foreseen in the the Article 195 of CLL be reviewed, once due to the insufficiency of experts in Justice Work to realize such skills in a timely manner, the delay in the judgment of such actions proves the inefficiency of the public service provided, a fact that has violated the basic principles of the labor courts, the Celerity Procedural Principle.