Análise de precedentes do Poder Judiciário Trabalhista Mineiro no julgamento de ações de indenização por contágio pela COVID-19

• Ano de defesa: 2025
• Autor(a) principal: Marina Grojpen Couto
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais
• Palavras-chave em Português: Direito do trabalho; Justiça do trabalho; COVID-19, Pandemia, 2020- - Aspectos jurídicos; Doenças profissionais; Memória coletiva
• Link de acesso: https://hdl.handle.net/1843/82102

This study focuses on the analysis of precedents from the Regional Labor Court of the 3rd Region (TRT-3) in the adjudication of labor claims related to COVID-19 during the pandem-ic, covering the period from March 11, 2020, to July 10, 2023. The research explores the impact of the pandemic on the labor judiciary in Minas Gerais, identifying the main claims filed in labor lawsuits, such as the recognition of COVID-19 as an occupational disease, compensation for moral damages, severance pay discrepancies, FGTS (Severance Indemnity Fund) release, and unhealthy working conditions. Additionally, the study addresses the evo-lution of labor jurisprudence in the face of unprecedented challenges, analyzing 365 judg-ments from the period. The research focused primarily on the characterization of COVID-19 as an occupational disease, a topic widely debated in legal doctrine and jurisprudence. Crite-ria were identified for attributing employer liability, either subjective in cases of ordinary risk or objective for high-risk activities. The study also examined the importance of the causal link and the role of the Supreme Federal Court (STF) in establishing the burden of proof in favor of workers, determining that employers must demonstrate the adoption of ef-fective preventive measures. In addition to fulfilling the objectives of understanding the pan-demic’s impact on the labor judiciary and workers in Minas Gerais, the study emphasizes the relevance of the Labor Justice system as a tool for safeguarding rights and preserving collec-tive memory. The examination of judicial decisions and claims presented revealed the cen-trality of work in society, challenging narratives that suggest its dispensability in the future. By documenting the legal responses to an unprecedented crisis, the research contributes to building solid jurisprudence and provides support for formulating more protective public policies. Finally, it is emphasized that the pandemic period represents a watershed moment in labor history and society as a whole. This work reiterates the importance of preserving the memory of the victims, the workers, and the Labor Justice system itself so that the lessons learned can guide a more just, inclusive, and resilient future. Thus, the research contributes not only to historical documentation but also to the continuous improvement of labor law and employment relations in times of crisis.