Justice decides that Petrobras employee's mother, killed in explosion at Reman, will receive 1,5 millionThe accident occurred in 2014, when there were 10 minutes for employee shift closure.
The Third Chamber of the Regional Labor Court of the 11th Region – AM/RR (TRT11) maintained, in full, sentence that condemned the Brazilian Petroleum S / A (Petrobras) the payment of R $ 1,5 million compensation for moral damages to the mother of a dead employee in 2014, due to an explosion in the external area of Manaus Refinery (Reman) when it was ten minutes to the end of your turn.
Due to the serious accident occurred at 22.50 of the day 16 August 2014, caused by flammable gas leak, the worker 26 years suffered second and third degree burns affecting 75% your body, He was admitted to the Emergency Room 28 of August, where she remained in coma, and died after four days.
The collegial decision followed unanimous vote of the chief judge rapporteur Maria de Fátima Lopes Neves and dismissed the company's appeal, that meant the total renovation of the sentence or reduce the indemnity amount.
Petrobras claimed, In summary, the fatal accident would have occurred by victim's fault, arguing that the odor from naphtha cloud (derived from petroleum) would be easy to be detected and that the explosion could have been prevented by triggering the emergency system.
In the appeals trial, the rapporteur rejected all the arguments and the applicant's claims. By denying the suspension of the labor process to await the outcome of criminal lawsuit in progress in the State of Amazonas Court (TJ/AM), she understood that there is no dependency between the processes because the responsibility in the criminal context is different from the labor liability.
A federal judge had the legal basis underpinning its positioning for the integral maintenance of the sentence handed down by Judge Gisele Araujo Lima Loureiro, 4th of Manaus Labor Court, pointing out that the work accident occurs when the employee is the employer's business, causing injury or disorder work, in terms of Clause 19 of Law 8.213/91, which provides for benefit plans Social Security.
She went on to explain that, as a rule, the employer's liability for damages is subjective acidentários, that is, it is necessary to prove the combination of three elements: damage, or causation (the relationship between the employer's conduct and the result produced) and to blame. However, the rapporteur explained that, in increased risk situations, emerges the strict liability of the employer, simply that proves the damage resulting from the activity and the causal link.
In this line of reasoning, she understood that the present case falls within both the rule and the exception, noting that the production of oil refining products is considered a serious risk (degree 3), which characterizes the strict liability.
Based on the expert report and all evidence produced in the process, a federal judge Maria de Fátima Lopes Neves said, contrary to what the defendant claimed, in addition there is no evidence that the odor of the gas would be easy to identify, also not been proven that the employee had received adequate training. “Following these premises, it is noteworthy that the strict liability in the form of comprehensive risk coverage reaches even in cases where the employee has contributed to the occurrence of misfortune, although here there has been no proof of the existence of fault of the victim / employee”, he argued.
In addressing the indemnity amount established in the original sentence, she quoted Article 944 the Civil Code, whereby the damage compensation is measured by its length and reasoned that, despite the judge have discretion to determine the amount, basing on the good judgment and reasonable logic, It is necessary to observe the circumstances of each case, the economic situation of the offender and the victim's personal situation. “The first measure is to alleviate pain moral, then, repair their losses”, He noted in his vote, considering that the amount fixed in the first instance is reasonable and achieves the goal of discouraging the practice of morally harmful acts.
The Labor Attorney Cirlene Luiza Zimmermann also spoke at the trial session, opining the judgment of the maintenance on all its terms.
Still subject to appeal against the decision of the Third Panel.
Understand the case
In September 2015, the mother of the deceased worker (representative of the estate) He filed a labor lawsuit against us claiming the payment of R $ 9 million in compensation for moral damages as a result of the work accident that killed his son, who had only one year and two months of service with the company.
Depending on the application, the young worker joined Petrobras by public tender in 4 June 2013, the technical function of junior operations, by last compensation of R $ 7.160,73. Based on the submitted documents, the author claimed that his son suffered a typical work accident, due to leakage of flammable gas (oil) in the Treatment of Industrial Waste Station (TOOK) the Manaus Refinery.
The author narrated, still, the Superintendent of the Ministry of Labor and Employment (SRTE/AM) filed four notices of infraction against Petrobras, who considered the inspection of the crash site, interviews with workers and claimed by Petrobras elaborate accident report, which appear in the criminal case which is being processed in the State of Amazonas Court ( TJ/AM) .
The technical study performed by court order found that, at 22.50 of the day 16 August 2014, the worker performed inspection end of shift in the Treatment of Industrial Waste Station (TOOK) da Reman, checking the full operation of aerators ponds, when the explosion occurred.
The security engineer responsible work by the expertise concluded that the naphtha leak two refinery units, totally distinct sites outside area where the employee performed the inspection, It occurred because the company failed to conduct the maintenance of instruments denominated levels indicators.
Based on the testimony of the parties and an action of the author of the witness, on documentary evidence, the test borrowed from the lawsuit in progress in TJ / AM and the expert report, Judge substitute Gisele Araujo Lima Loureiro, 4th of Manaus Labor Court, partially upheld the action, sentenced Petrobras to pay the mother of the deceased worker compensation for moral damages in the amount of R $ 1,5 million.
Disagreeing, Petrobras appealed the sentence, insisting on the process of the suspension order to the final judgment of the criminal action and, I do not merit, arguing that it was possible “easy detection of naphtha odor by rugged operator”, which could have prevented the explosion by triggering the emergency system.