Sobre a natureza da Covid-19 para fins trabalhistas, previdenciários e civis. Trazendo luzes a algumas confusões conceituais

Caráter ocupacional, nexo de causalidade, responsabilidade civil e outros temas

Abstract

The article historicizes the recent evolution of Covid-19 in Brazil
and the world and contextualizes it, in the labour legal branch, as an issue
affecting the work environment (Brazilian Constitution, art. 200, VIII, in fine). Then
it identifies Covid-19 as a pandemic, with possibilities of evolution to endemic,
and infers from art. 20, 1, “d”, of Act 8.213 / 1991, the possibilities of recognizing
it, under legal presumption, as an occupational disease. From this, for the cases
in which the contamination of the worker is due to viral exposure in the work
environment (including the respective round-trip routes), it demonstrates the legal
sanction, to the employer, of strict civil liability (i.e., regardless of subjective fault),
for the risk of the activity (i.e., regardless of unlawful act), pursuant to art. 14, 1,
of Act 6.938 / 1981.