Labor Expertise and Causal Link in Health/Work Related Illness: Document Analysis of Court Decisions
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.
Downloads
Published
Issue
Section
License
All opinions expressed in the manuscripts are the sole responsibility of the author. On submitting a manuscript to the rPOT, the author represents that: 1) this same manuscript is not under consideration in another periodical, national or otherwise; 2) he/she is willing to wait during the manuscript processing time, and is also aware that, once accepted, the manuscript may have to stay on hold due to the journal's rule of publishing only two (2) articles from authors at the same institution per edition, ensuring its geographical diversity; 3) once accepted, the article becomes the journal's property and may not be reproduced without its consent, which will be granted upon the author's written request.
Texts that contain excerpts from other publications must necessarily obey the limit of 500 words, to avoid constituting plagiarism, or self-plagiarism, or thus violating the principle of originality. Extreme caution is recommended in reproducing figures, tables, and other resources excerpted from third-party works. Should it be necessary, their publication will only be accepted by the journal if they come accompanied by a letter of authorization from the author/owner of the original work.
If the manuscript is accepted, the author must submit a copyright assignment letter, according to the model which can be obtained here. All authors must sign the same letter and send it to the email by which they were notified of final acceptance of the manuscript.