Jurisdictional limitations on the configuration of the causal link between work and grievance

Abstract

The present study aims to discuss a current and necessary topic in the field of law: jurisdiction and jurisdictional limits to establish the causal link between work and injury, which concerns both labor law and social security law. Although distinct. These sections of law have points of intersection that can generate doubts and conflicts in applying legal norms, compromising the legal security of relations between employees, employers, and the State. The social security reform, which changed important aspects of benefit rights, but did not modify the residual competence of ordinary justice to judge accidental actions, makes evident the need for unification and adequacy of the procedural means to resolve these demands. The study aims to clarify the constitutional rules that define the competence to process and judge matters related to accidents at work and occupational diseases of workers insured by the General Social Security System (RGPS), seeking to delimit the limits of this jurisdictional action.