Minister Alberto Balazeiro, who was the rapporteur of the case, emphasized that the principle of human dignity justifies reparation in situations where a previous violation impacts the person’s life after childbirth
The Third Panel of the Superior Labor Court () decided that a child, who was still pregnant, has the right to receive compensation due to the work accident that left his father with serious physical and neurological consequences. The minister, who was the case’s rapporteur, emphasized that, although civil personality is recognized only after birth, the principle of human dignity justifies reparation in situations where a previous rape impacts the person’s life after birth.
This interpretation expands legal protection to the unborn. The action was filed by the child’s mother against the metallurgical company and the evangelical church where the father worked. The accident occurred when the roof of the site collapsed, causing the worker to fall from a height of around ten meters. After more than two months in hospital, he was left with limitations that prevent him from carrying out daily tasks.
Previously, the Regional Labor Court of the 4th Region had rejected the compensation claim, claiming that there was no evidence of damage, since the child had not yet been born and, therefore, would not have suffered direct impacts on her life. The TST’s decision, however, reverses this analysis, recognizing the need for reparation.
*Report produced with the help of AI
Published by Fernando Dias
