Acesso à justiça, sob o ângulo da atuação do juiz na aplicação do direito em ações acidentárias

Abstract

The present dissertation aims to identify the juridical, economic, social and psychological obstacles to access to justice in the accident related actions in the application of the law. For this purpose, it probes into the origin of profession - related diseases acquired through the workers exposition to biological, chemical, physical and environmental agents in above - limit tolerance situations and some factors which influence the development of occupational diseases, such as the length of exposition to the agent, the concentration of such agents in the working environment and the specific characteristics of each environmental agent, the influence of the french revolution, of the encyclic rerum novarum, of the Constituition of Mexico of 1917 and of the industrial revolution with the appearance of the social security system in the world, aimed at analyzing the scientific character or not, of the obstacles which hinder and block the use of the judicial system in compensation actions for work-related accidents and occupational diseases this study aims to identify the necessary procedures to reach a solution which will be fair to all participants in the conflict, with emphasis on the judge s acting. It talks about the research conducted by the university of florence and the obstacles identified in several countries and the practical solutions suggested by Cappelleti and analyzes the influence of these facts in the face of the acciddent - related legislation in force in Brazil. It also extends on the themes as regards the accident - related legislation in Brazil and takes a stand about the principle of the irrectroactivity of the accident - related law more beneficial to the injured person, creating important reflections in the concession of accident - related benefits. The research method is based on the reading of the bibliographic repertory about the theme of the dissertation, with the quoting of the jurisprudence of the state and superior courts, with the appropriate doctrine, tackling precedents of factual cases. The present study seeks, finally, through the analysis of obstacles that the injured and carriers of occupation - related diseases faces, to find the most effective way to get the compensation benefits compatible with the degree of labor incapacity of which they suffer, in the light of the judge s acting in the application of the law in accident related actions