kulsumkhatun488 發表於 2024-3-12 16:44:34

TST maintains compensation of R$ million for the family of a worker killed on...

When setting the value of a sentence for moral damages caused by the death of a worker, it is necessary to consider the legally protected asset — the honor and dignity of the person —, the size of the defendant and define a punishment that prevents the company convicted from committing other acts of the same nature. reproduction Worker died after being hit by a ton ceramic pipe on ship Reproduction Based on this understanding, the judgment of the rd Panel Superior Labor Court unanimously maintained compensation for moral damages in the amount of R$ ,, in favor of the family of a worker who died at the age of after suffering an accident at work . In the case in question, a man hired by the company Transocean Brasil LTDA., boarded on the ship "NS – Deepwater", owned by Petrobras, died during his work activity, after being hit by a ceramic shackle tube, weighing around . tons, which was being transported by the tug "Maricá" owned by Companhia Brasileira de Offshore. The company appealed the conviction on the grounds that the increase in the arbitrated amount of compensation in the amount of R$ thousand for each author contravenes articles , X, V, of the Federal Constitution and of the Civil Code. When analyzing the request, the rapporteur, Minister Alexandre Agra Belmonte, pointed out that the questioned decision respected the principles of proportionality and reasonableness.

"Therefore, it is not inferred that Greece Phone Number there is a need for exceptional intervention by this rd Panel in pricing quantum compensation. The indicated precepts are unharmed", he pointed out. The worker's family was represented by João Tancredo , Felipe Squiovane , Rafael Raimundo Teixeira Pimentel and Cristiane Rebelo , lawyers from the João Tancredo Law Firm. Click here to read the decisionAlongside the narrative of the realization of social rights there is the interest of all actors involved in maintaining their own gains, direct or indirect. Legitimate interest, it should be noted, as everyone is just playing their role and surviving with dignity. It is no surprise that the biggest critics of the new law have been lawyers, prosecutors and labor magistrates. All using the defense of social rights in the name of workers, when they themselves barely moved. The social movement left the streets and entered the institutions. The supposed collapse of labor rights would also lead to the collapse of all of us. In a world where the so-called "political correctness" demands a narrative consistent with the values ​​approved by the vigilantes on duty, who proclaim themselves as defenders of the morals and rights of others, the booklet recommends using the history of class struggle and labor conquests, preferably with violence in the speech, to try to avoid any change in the logic that has always worked so well and that fed the system.

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For decades, a structure has been formed that is necessarily averse to any change in this millionaire spiral, from class associations of all segments, to unions and public institutions, all of which lack the voracious litigation to provide their livelihood. Nothing against anyone who honestly carries out their duties within this framework. Things are as they are. Which doesn’t mean they can’t stop being… There are countless new possibilities that, in order to happen, require a great openness from everyone who works in the area and, directly or indirectly, end up surviving on the labor rights market, that is, they also end up taking their livelihood away from companies, which as a rule are convicted in the Labor Court. The big challenge is to enable a new type of approach to labor issues that can feed thousands of professionals who depend on the traditional logic of litigation. And there is an alternative. Firstly, a branch of the Judiciary is not strong because of its size, but because of its effectiveness. It seems preferable to have a smaller Labor Court, which acts in actions where there really is a need for State intervention, focused on complex issues arising from labor relations, especially those linked to injuries to fundamental rights, to a Court that needs, for example, to monitor the conduct of lawyers approving agreements that are carried out extrajudicially.


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