THE EMPLOYER´S CIVIL LIABILITY FOR COMMUTING ACCIDENTS IN THE WORKPLACE CONTEXT

Abstract

Introduction: This paper aims to analyze the employer's civil liability in cases of in itinere work accidents, defined as those occurring during the commute between the employee’s residence and workplace. The relevance of this topic lies in its significant social and legal implications, especially in light of recent legislative changes that directly affected labor rights. Originally, the Consolidation of Labor Laws (CLT) expressly equated such accidents to typical workplace accidents, ensuring equal reparatory rights for workers. However, the 2017 Labor Reform (Law No. 13.467/2017) significantly amended Article 58, §2, of the CLT, removing this equivalence and sparking debates regarding the limits of employer liability. Objective: The study seeks to understand how this legislative shift affects the legal protection afforded to workers and the criteria currently used to characterize commuting accidents. To this end, the analysis is conducted through the lens of both subjective and objective liability theories, considering factors such as the mode of transportation, regularity of the route, and the employer's level of interference, in light of current legislation, legal scholarship, and recent case law. Conclusion: Employer liability remains applicable where a causal link between the work and the accident is established, requiring the judiciary to engage in a concrete and balanced assessment that upholds worker protection while preserving legal certainty in labor relations.