Civil liability in labor law and international regulations

Abstract

This study analyzes the evolution of civil liability in Labor Law, emphasizing the integration of new forms of compensation and the inclusion of emerging types of damage in society. Contemporary civil liability seeks not only to recognize new categories of harm but also to adopt an individualized approach to rights violations, allowing for unique interpretations that enable autonomous compensations. The Brazilian legal system, with its open interpretative framework, fosters the development of new damage categories and the protection of emerging legal interests, which must be assessed with attention to the specific circumstances of each case. Civil liability in the labor context is multidimensional, encompassing various regulations that address the damages caused and their scope of interpretation, particularly in the fields of occupational health and safety. Worker protection is a foundational element of labor relations and is increasingly strengthened by the precautionary function of civil liability. Brazilian legislation is grounded in the theory of risk inherent to the activity (Strict Liability), as established in Article 927, sole paragraph, of the Civil Code, while also acknowledging the employer’s indirect liability for damages caused by third parties. The individualization of interpretations and consequences highlights the need for a reformulation of the Consolidation of Labor Laws (CLT). International labor and health protection standards, promoted by the International Labour Organization (ILO), play a fundamental role in validating and guiding labor protection, ensuring the principles of human dignity, equality, and non-discrimination. The methodological approach is hypothetical-deductive, supported by extensive bibliographic review and documentary analysis, aiming to establish a scientific connection between legal norms and the factual reality.