LIFELONG MONTHLY PENSION IN OCCUPATIONAL ACCIDENT COMPENSATION: JURISPRUDENTIAL AND DOCTRINAL PERSPECTIVES

Abstract

Introduction: This study addresses the application of Article 950 of the Brazilian Civil Code in compensation for work-related accidents, focusing on the award of lifelong monthly pensions. Based on the recognition of the employer’s civil liability, the research explores the legal boundaries and possibilities for patrimonial reparation owed to injured workers or their successors, considering the jurisprudential role in enforcing the right to compensation. Objective: This study aims to examine, from doctrinal and jurisprudential perspectives, three core aspects: (i) the possibility of transferring the lifelong pension to the heirs of the deceased worker; (ii) the establishment of criteria for applying a discount (deságio) in the conversion of the pension into a lump-sum payment; and (iii) the legal feasibility of modifying the form of payment after the final judgment, in light of the principles of res judicata, effectiveness, and full compensation. Conclusion: The study concludes that, although prevailing case law emphasizes the inviolability of res judicata as a barrier to altering the payment regime, exceptions are recognized when justified by supervening circumstances, such as repeated default or the debtor's insolvency. Therefore, the effectiveness of compensation requires not only the judicial recognition of the right but also its enforceability, demanding a balance between legal certainty, the creditor’s interest, and the compensatory purpose of the pension.