A COMUNICAÇÃO DE ACIDENTE DE TRABALHO NOS PROCESSOS JULGADOS PELO TRIBUNAL DE JUSTIÇA DE SÃO PAULO NOS ANOS DE 2017 E 2018

Abstract

According to data from the latest available Social Security Statistical Yearbook, the Brazilian labor market registered 549,405 occupational accidents in 2017. Given this scenario, this article measured the percentage of underreporting existing in judicial actions for disability and sickness benefits filed against the National Social Security Institute (INSS) judged by the 16th and 17th Chambers of Public Law of the São Paulo Court of Justice (TJSP) in the years 2017 and 2018, through the analysis of the existence or mention of the issuance of the Work-Related Accident Report. For this purpose, 3,123 judgments were analyzed, using the described methodology. The hypothesis that underreporting was present in more than half of the cases in which Work-Related Accident Report was not included was confirmed, in view of the judicial granting of disability retirement and sickness benefit in, respectively, 62% and 69% of lawsuits in which the Work-Related Accident Report (CAT) was not expressly included. The article's also verified the importance given by the judges to CAT as an evidence was contemplated by analyzing the decisions, concluding the article by the need to revise the current model of the Work-Related Accident Report aiming to diminish sub notification.