Civil liability resulting from work related accidents stems from the employer-employee relationship, since the employer undertakes to protect the life, health and welfare of his employees at the workplace and must assume the legal or economic implications produced by them, responding for the damages caused, regardless of whether such damages imply loss of profit, ensuing damages, moral damages and even personal harm, since the existing case law has established their scope. However, given the reality in the occupational realm, especially in relation to risky work obligations, it largely exceeds the doctrinal or jurisprudential provisions, particularly in terms of determining the amount of compensation and the establishment in each case, of the liability of the employer and the reparation of the damages.

In this essay we analyze the consequences of the new procedural labor Act and its application to the final stage of the judicial process specially. In other words, we analyzed the execution of court’s decision and the settlement agreement of the judicial conciliation, because this legal instrument proves the importance of the effectiveness of the judicial process. Furthermore, this two elements serve to value the resonance of the citizen’s claim and the recognition of their civil rights.

Civil liability resulting from work related accidents stems from the employer-employee relationship, since the employer undertakes to protect the life, health and welfare of his employees at the workplace and must assume the legal or economic implications produced by them, responding for the damages caused, regardless of whether such damages imply loss of profit, ensuing damages, moral damages and even personal harm, since the existing case law has established their scope. However, given the reality in the occupational realm, especially in relation to risky work obligations, it largely exceeds the doctrinal or jurisprudential provisions, particularly in terms of determining the amount of compensation and the establishment in each case, of the liability of the employer and the reparation of the damages.

In this essay we analyze the consequences of the new procedural labor Act and its application to the final stage of the judicial process specially. In other words, we analyzed the execution of court’s decision and the settlement agreement of the judicial conciliation, because this legal instrument proves the importance of the effectiveness of the judicial process. Furthermore, this two elements serve to value the resonance of the citizen’s claim and the recognition of their civil rights.