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The st Section of the Superior Court of Justice will discuss, under the rite of repetitive appeals, the proof of the effectiveness of personal protective equipment (PPE) for neutralizing agents harmful to workers' health. The court's objective is to establish parameters for the recognition of special time by the INwill be a topic of discussion among the ministers of the st Session of the ove the effectiveness or ineffectiveness of the PPE (Personal Protective Equipment) for neutralizing agents harmful to the health and physical integrity of the worker, for the purposes of recognizing special time, what appears in the PPP (Professional Profile) is sufficient Social Security), or whether the proof can be through other evidentiary means and, in the latter circumstance, whether expert evidence is mandatory; ) Whether it is possible to impose a rigid and abstract judicial procedure to determine the ineffectiveness of the EPI, as established by the court of origin, or whether the procedure must be guided according to the elements of each context and the procedural mechanisms available in the adjective legislation; ) Whether the regional court expanded the topic delimited in the admission of the IRDR and, if so, whether the expansion is legally practicable.
Whether it is possible to establish in Greece Phone Number a binding manner, in the judgment of repetitive cases, an exhaustive list of situations of PPE ineffectiveness and, if feasible, examine the legal viability of each hypothesis considered by the court of origin (classification by professional category, noise, agents biological agents, carcinogens and dangeroiveness of the EPI attested in the PPP". The repetitive appeal was filed against a ruling by the Federal Regional Court of the th Region (TRF-) in the trial of an incident of resolution of repetitive demands (IRDR). According to Minister Herman Benjamin, the Federal Supreme Court has already discussed, with general repercussion, issues of substantive law relating to the effectiveness of PPE in neutralizing agents that are harmful or harmful to workers' health. Thesis of the STF In Appeal in Extraordinary Appeal , the STF established two theses: ") The right to special retirement presupposes the effective exposure of the worker to an agent harmful to his health, so that, if the PPE is really capable of neutralizing the harmfulness, there will be no constitutional support for special retirement; ) In the event of worker exposure to noise above the legal limits of tolerance, the employer's declaration, within the scope of the Social Security Professional Profile, regarding the effectiveness of the PPE, does not distort the time special service for retirement".
However, according to the rapporteur, the question submitted to the rite of repetitions in the STJ is eminently procedural, relating to the instructional rite provided for in infra-constitutional legislation for the determination of substantive law. "This is not a case of incursion into the scope of the Supreme Court's jurisdiction", he clarified. When proposing the allocation, Herman Benjamin highlighted that "the procedural procedural issues under debate are widely repeated in all judicial bodies with jurisdiction to examine social security matters, as recognized by the court of origin and the president of the STJ's Precedents Management Commission, and constitute eminently legal matters". The st Section determined that until the judgment of the repetitive case, special appeals or appeals in special appeals filed in the courts of second instance or being processed in the STJ are suspended, observing, in the latter case, the guidance provided for in article -L of the Internal Regulations of the cut. Appeals and incidents in progress or filed in the future in the appeals groups, standardization groups (regional or national) of the Special Federal Courts and in the STJ itself are also suspended. With information from the STJ press office.
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發表於 2024-3-12 17:36:56