Perícias Trabalhistas e Nexo Causal em Saúde/Doença Relacionada ao Trabalho: Análise Documental de Decisões Judiciais: https://doi.org/10.5935/rpot/2023.1.23875

Patrícia Cantisani Schaffer Pires; Mayte Raya Amazarray

Labor Expertise and Causal Link in Health/Work Related Illness: Document Analysis of Court Decisions

https://doi.org/10.5935/rpot/2023.1.23875

Authors

Patrícia Cantisani Schaffer Pires Federal University of Health Sciences of Porto Alegre (UFCSPA), Brazil https://orcid.org/0000-0001-7668-2990
Mayte Raya Amazarray Federal University of Health Sciences of Porto Alegre (UFCSPA), Brazil https://orcid.org/0000-0002-4519-8570

Abstract

Forensic psychology has been consolidating itself as a specialty in the legal field, including in the scope of labor law, with growing controversies about the mental illness of workers. This article is the result of a qualitative documentary research, which aimed to analyze judicial decisions related to mental disorders and their respective causal link in labor expertise in Brazil. We analyzed 59 decisions published on the website of the Regional Labor Court (TRT) of the Fourth Region between 2019 and 2020. Data were analyzed using descriptive statistics and content analysis. A significant presence of occupational diseases and claims for moral and material damages was observed. For the establishment of the causal link/concause, identified in 59.32% of the cases, the relevance of expert evidence was verified. The participation of the psychologist in such procedures proved to be inexpressive compared to medical experts. Possibilities and limitations related to the psychologist's professional performance in labor expertise are discussed.

Keywords: forensic psychology, worker's health, court decisions.

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Published

2023-01-01

Issue

Vol. 23 No. 1 (2023): rPOT N1/2023

Section

Empirical Research Reports

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