Insalubridade e periculosidade: requisitos formais e materiais dos laudos periciais judiciais

Abstract

The work aims to stipulate the satisfaction of Labor Judges with labor expert reports of health and risk premiums submitted to the Labor Court, setting their inadequacies and abilities through voluntary interview with the magistrates. The approached requirements are: readability, objectivity, logical structure, effectiveness, data and items included in the reports, factual and reliable descriptions and signed written records, visit to the site of the survey, interpretation of Regulatory Norms and Pronouncements, answers to the questions, technical knowledge, bias , meeting of deadlines and satisfaction. We interviewed 19 Judges of Rio Grande do Sul and São Paulo Courts. 52.8% of respondents consider themselves satisfied with the submitted technical reports and 47.2% are dissatisfied. The study shows the need for a common formatting of labor reports, rendering reports of better quality, most effective and not dubious. Therefore, we suggest the creation of a NBR to establish the basic guidelines in the formulation of health and risk premiums reports, following the standards set out in this paper.