OBJECTIVE CIVIL RESPONSIBILITY OF THE EMPLOYER IN ACCIDENTS WITH THE FRONT OF FUEL POSTS: CRITICAL ANALYSIS IN THE LIGHT OF THE DIRECTION OF WORK AND JURISPRUDÊNCIA BRAZILIA

Abstract

The work performed by gas station attendants exposes workers on a daily basis to multiple physical, chemical, biological, ergonomic, and social hazards, which allows this occupation to be classified as a high-risk activity. In this context, the debate over the application of the employer’s strict liability under Article 927, sole paragraph, of the Brazilian Civil Code becomes particularly relevant, especially when contrasted with the traditional fault-based model. The practical difficulty in proving employer negligence in hazardous workplaces, combined with the need to safeguard workers’ health, physical integrity, and dignity, in line with the ILO’s decent work agenda, has supported the Superior Labor Court’s adoption of the theory of professional risk. This article examines labor, civil, and social security regulations, highlighting the role of Regulatory Standards (NR-01, NR-09, NR-15, NR-20) and Law No. 8.213/1991 in structuring prevention and compensation mechanisms. Using a qualitative, legal-dogmatic approach, it analyzes decisions from Regional Labor Courts and the Superior Labor Court (2013–2024) involving workplace accidents, occupational diseases, and exposure to hazardous agents. The findings indicate a growing trend toward strict liability, as well as normative gaps, practical obstacles, and legal controversies, especially in the face of urban violence and the need to balance worker protection with legal certainty for employers. The study concludes that strengthening legislation, enforcement, and prevention policies aligned with decent work is essential to ensure effective protection for gas station attendants.