Carolina Garreto SSO Inglês

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1. INTRODUTION 
The moment to reflect on the theme and accidents at 
work, it is perceived as the scenario is worrying. 
"Occurrences in this field generate traumatic 
consequences that often result in permanent disability 
or even death, with harmful repercussions for the 
worker, his family, the company and society" 
(Oliveira, 2006). 
Work safety is the science that works in the 
prevention of work accidents due to operational risk 
factors. According to the ILO, health and safety 
encompass the worker's social, physical and mental 
well-being (Organização Internacional do Trabalho, 
2009). 
Among one of the oldest information with concern to 
work safety, it is recorded in an Egyptian document 
through the papyrus "Anastacius V" speaks of the 
preservation of the health and life of the worker and 
describes the working conditions of a bricklayer 
(Silva, Batista, & Oliveira Barros, 2015). 
In the Roman Empire, Plinius (23-79 AD), visiting 
workplaces - mining galleries - writes that workers 
wore a cloth mask or sheep bladder membranes - 1st 
Individual protection equipment registration - 
employees to protect themselves against mineral dust, 
mainly lead and mercury (Carvalho, 2005). 
Published by Georgius Agrícola (1556) in Latin, the 
work De Ré Metálica, which made reference and 
sparse observations about the possibility of work 
being a cause of illness. He reported problems related 
to mineral extraction and casting of silver and gold, 
where he pointed out as the most common disease: 
mineral asthma (silicosis) (Carvalho, 2005). 
In the middle ages, the medieval workers' 
associations raised data on occupational diseases. 
This fact had great influence in the adoption of 
hygiene measures at work (Nicolodi, 2011). 
The Industrial Revolution represented a watershed in 
human history, precarious working conditions, long 
journeys, the exposure of manpower to machinery 
created the need to preserve human potential as a way 
of guaranteeing production. In this period, the first 
labor laws and health and safety laws (1802) emerges, 
but their consolidation come with the emergence of 
the ILO (International Labor Organization) in 1919 
(Nicolodi, 2011). 
In the same period of the creation of the ILO, Law 
No. 3724 on labor accidents, with the concept of 
occupational risk was enacted. As a result, new laws 
and regulations (Silva et al., 2015). 
The definition of the study of the work environment 
and the prevention of the diseases originating from it 
are objects of occupational hygiene, industrial 
hygiene and occupational hygiene. The term 
"occupational hygiene" was given internationally to 
define the field of action of this science, following 
Accidents: Legislation and statistics in Brazil 
Garreto, Carolina Gomes Araujo 
Faculdade de Engenharia da Universidade do Porto 
 
Matos, Maria Luisa Pontes da Silva Ferreira de 
Occupational Safety Seminars Professor 
Duarte, Joana Alexandra Silva 
Occupational Safety Seminars Professor 
 
 
 
 
ABSTRACT: This paper shows a brief historical context on the health, safety and health of work in the world 
and in Brazil, as well as the Brazilian legislation (main points) and statistical data of accidents occurred in the 
period from 2009 to 2015. 
 
 
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conclusions drawn at the International Conference in 
Luxembourg from June 16 to 21, 1986. "Science and 
art of recognition, evaluation and control of factors or 
environmental stresses arising from - or at - the 
workplace and which can cause illness, damage to 
health and well-being, significant discomfort and 
inefficiency among workers or among citizens of the 
community "(ACGIH) 
1.1. Historical background 
In Brazil, in 1939, Labor Justice arose and in 1943, 
Decree-Law No. 5,452 approved the Consolidation of 
Labor Laws (CLT). 
Occupational health and safety were elevated to the 
constitutional hierarchy in 1946 (article 154, VIII). In 
the 1950s, the ILO came to have representation in the 
country. In 1977, Law no. 6,514, regulated by 
Administrative Rule no. 3.214 / 78, redrafted chapter 
V of the CLT, advancing in preventive requirements. 
Brazil has ratified a total of 82 of the 189 ILO 
conventions. It ratified all the fundamental 
conventions, considered as the minimum level of 
principles and rights at work, except for 87, and these 
are incorporated into the domestic legislation of the 
country (OIT Brasília, n.d.). 
Table 1: ILO conventions ratified by Brazil 
Convencion 
(Number) 
Theme Year Adoption 
ILO 
Brazil Type 
29 Forced or Compulsory Work 1930 1957 Fundamental 
98 Right of Unionisation and Collective Bargaining 1949 1952 Fundamental 
100 Equal Remuneration 1951 1957 Fundamental 
105 Abolition of Forced Labor 1957 1965 Fundamental 
111 Discrimination in Employment and Occupation 1958 1965 Fundamental 
138 Minimum Age for Admission to Employment 1973 2001 Fundamental 
182 Prohibition of the Worst Forms of Child Labor and 
Immediate Action for its Elimination 
1999 2000 Fundamental 
19 Equal Treatment (Workers' Compensation) 1925 1957 
45 Professional Illness Indemnity 1935 1938 
155 Safety and Health of Workers 1981 1992 
159 Vocational Rehabilitation and Employment of 
Disabled Persons 
1983 1990 
161 Occupational Health Services 1985 1990 
Source: (OIT Brasília, n.d.) 
 
The Federal Constitution, enacted in 1988, also 
expanded the provisions relating to the matter: 
Art. 72 The rights of urban and rural workers, as well 
as others aimed at improving their social status, are: 
 XXII — reduction of risks inherent to work, 
through health, hygiene and safety standards; 
 XXIII — additional remuneration for 
distressing, unhealthy or dangerous activities, 
according to the law; 
 XXVIII — insurance against accidents at 
work, at the expense of the employer, without 
excluding the indemnity to which he is obligated, 
when incurring deceit or guilt. 
2. OBJETIVES 
To identify the Brazilian legislation governing the 
repair of accidents between occupational accidents 
and diseases and show statistical accident rates in the 
country in comparison with the Portuguese legislation. 
2.1. Specific objectives 
Describe the operating structure/agency legislation 
responsible for industrial accidents; 
Identify the legislation about aid-accident and illness 
allowance: scheme and system; 
Raise the statistics of accidents at work and 
occupational diseases. 
Sector of activity that has more accidents. 
 
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Sector of activity that has more occupational diseases 
3. METHODOLOGY 
 
Related materials in the work was removed from the 
records of accidents and diseases, in government sites 
and the current legislation in Brazil in the same period. 
Thematic search through articles and the Ministry of 
labour. 
• Statistics of industrial accidents 
• In what way is the compensation for industrial 
accidents and occupational diseases in Brazil. 
 
4. RESULTS AND DISCUSSION 
 
By law 8213/91, the definition of accident is 
“Art. 19. work Accident is what happens at work in 
the service of the undertaking or employer or by the 
work of policyholders referred to in section VII of the 
art. 11 of this law, causing personal injury or 
functional disturbance that causes the death or loss or 
reduction, permanent or temporary, of the capacity to 
work, even the death of the insured. “ 
Are also considered to be work accidents: 
the accident occurred on the path) between the 
residence and workplace of the insured; 
b) the occupational disease, thus understood the 
produced or triggeredby work peculiar to particular 
activity; and 
c) the disease from work, acquired or triggered due to 
special conditions under which the work is done and 
he relates directly. 
In these last two cases, the disease shall appear in the 
relationship of the Annex II of the Regulation, 
approved by Decree No. 3,048, 6/5/1999 (Brasil, 
1999). In exceptional case, noting that the disease is 
not included on the list in annex II was the result of 
special conditions in which the work is performed and 
it relates directly, the Social security system must 
equip her to work accident. 
Degenerative diseases are not considered as 
occupational diseases; the inherent in age group; that 
does not produce labor incapacity; the endemic 
disease acquired by policyholders inhabitants of the 
region where she develops, unless proven that resulted 
from direct contact or exposure determined by the 
nature of the work. 
Decree 3.048, regulates the Social security 
system Social Security is administered by the Ministry 
of labour and Social Security (MTPS) through the 
National Social Security Institute (INSS). 
Social security is mandatory to all employers and 
employees. The rates of contributions by employers 
range from 11 to 20% of the gross salary paid to the 
employee, depending on how the company declares its 
profits. The employee contribution is 8 to 11%, 
varying with the salary range. 
Social security is responsible for the payment of 
benefits for workers, in accordance with Decree No. 
3,048: 
I-as for the insured: 
the) retirement due to disability; 
b) retirement age; 
c) retirement contribution time; 
d) special retirement; 
e) sickness; 
f) wages-family; 
g) maternity allowance; and 
h) aid-accident; 
II-dependent: 
a) death benefits; and 
b) aid-seclusion; and 
III-insured and dependent on: vocational 
rehabilitation.(Brasil, 1999) 
Repairs of accidents are called aid, as cited above. 
The company is responsible for payment of 15 
(fifteen) days from the date of the accident. Social 
Security is responsible for the payment from the 16th 
day of the date of the removal of the activity. 
The sickness still fits a subdivision, where they are 
added the words social security or accident. 
The accident sickness is provided for in art. 61 of Law 
8,213/91 and it comes to pecuniary benefit to provide 
continued (91% of the salary amount of benefit), has 
an indeterminate period, and is subject to periodic 
review, being paid monthly to the rugged urban or 
rural, that suffered the accident or illness from 
working conditions and presents temporary incapacity 
 
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to exercise your labor, and labor clearance 
requirement for the minimum period of 15 days 
(Brasil, 1991). 
The sickness (article 61 of the law) is the pension 
benefit of a transitional nature, corresponding to 91% 
of the salary of a benefit granted to those employees 
who move away from the service for common illness, 
which is not considered a work accident, there is no 
guarantee of employment, being impossible to 
discharge only while the employee is on enjoyment of 
the benefit, because during this period the contract is 
suspended. Furthermore, being deemed unfit for the 
job, will be retired for disability. 
For your time, the aid-accident indemnity form is due 
to the employee (except domestic) who suffered an 
accident of any kind (art. 86 of the law) and had your 
labor capacity decreased, showing sequels that impede 
your exercising your activity as before being victim of 
misfortune. Consists in receiving 50% of the 
equivalent of your salary, benefit until the employee 
retire or come to death. 
The Brazilian legislation (Law 8213/91) and the 
Portuguese law (Law 98/2009) may show similarities 
as: 
Use of the same concepts of occupational accidents, 
including the extension of the concept; 
The scope for beneficiaries and dependents; 
The method of assessing the disability and the 
reassessment, for continuity of payment; among 
others. 
Among the main differences: 
Brazil - Law 8.213/91 Portugal - Law 98/2009 
Payment of the repair made 
by private company 
Payment of the repair made 
by the government 
It deals only with accident 
repair 
It also deals with 
retirement 
Prohibits discounts on 
retribution 
Predicts percentage of 
earnings discounts 
Source: author 
Figure 1: CATs issued in 2012 to 2016 
 
Source: (Ministério Público do Trabalho; Organização 
Internacional do Trabalho, n.d.) 
4.1. Accident statistics 
The official Brazilian statistics of industrial accidents 
are compiled from the information obtained in the 
document called the statement of work Accident 
(CAT), developed by Social security insurance 
purposes. The CAT is a document issued to recognize 
both an accident at work or an occupational disease as 
well as path. The issue of CAT records and officially 
recognises the accident, establishing the right of the 
employee accident insurance by the INSS. 
4.2. Statistics on accidents at work 
The official data and consolidated work accident 
statistics are provided by MTPS. There is a lag of 
about two years in open data consolidated 
statement. Some data, already processed, are provided 
by the Brazilian Institute of Geography and Statistics 
(IBGE) and the Fundação Jorge Duprat e Figueiredo 
(Fundacentro). The national classification of 
economic activities, known by the abbreviation 
CNAE, represents the categorization and 
classification of economic activities in the 
country. For more succinct analysis, will be used top 
ten Data add up to the largest value accumulated in 
years. 
In the period 2009 to 2015, involves the largest 
number of accidents (with and without CAT) activities 
that have more accidents are: 
 
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Table 2: Economic Activity Code - CNAE 
CNAE Economic activity 
8610 Hospital attendance activities 
4711 Non-specialized retail trade 
8411 Public administration in general 
4120 Construction of buildings 
4930 Cargo transport by road 
1071 Manufacture and refining of sugar 
5310 Mail activities 
1012 Slaughter of pigs, birds and other small animals 
5611 Restaurants and other food service establishments and 
drinks 
4744 Retail sales of hardware, lumber and building 
materials 
Source: (IBGE, 2017) 
Table 3: Accidents per year per activity 
CNA
E 
2009 2010 2011 2012 2013 2014 2015 
8610 48.379 48.973 51.417 54.469 57.184 55.252 53.920 
4711 21.632 21.618 22.517 21.718 22.943 19.226 18.335 
8411 22.866 22.266 21.846 21.303 22.218 13.829 13.081 
4120 19.649 20.336 21.700 22.679 21.631 15.486 12.387 
4930 16.622 16.915 16.824 17.443 17.794 13.771 11.963 
1071 19.643 16.869 15.211 14.409 11.671 8.863 7.487 
5310 10.190 10.601 11.292 13.808 15.149 13.334 14.027 
1012 13.614 11.344 10.706 10.090 10.420 10.657 9.847 
5611 9.579 9.734 9.961 9.862 11.237 8.871 8.339 
4744 7.913 8.169 8.103 8.191 8.299 6.289 5.206 
Total 733.36
5 
709.47
4 
711.16
4 
713.98
3 
725.66
4 
712.30
2 
612.63
2 
Adapted: (Ministério da Previdência Social, 2017) 
These data are entered every work accident types: 
typical, of course, for the disease work and those who 
did not have record of CAT. 
For the classification of types of accidents the 
Division occurs between typical accident, 
occupational disease and path. Of all the accidents that 
resulted in the issuance of CAT, in percentage terms, 
in the same period, activities that have more registered 
accidents: 
Table 4: Percent distribution of CAT accidents by 
economic activity 
CNAE TypicalPath Occupational 
Disease 
8610 77,28% 15,62% 0,90% 
4711 67,87% 14,40% 1,47% 
8411 51,84% 14,48% 1,04% 
4120 64,34% 11,49% 1,43% 
4930 61,13% 17,25% 1,30% 
1071 84,19% 4,28% 0,45% 
5310 78,09% 9,82% 4,89% 
1012 65,32% 6,81% 6,47% 
5611 56,09% 19,45% 1,87% 
4744 58,41% 15,25% 1,71% 
Adapted: (Ministério da Previdência Social, 2017) 
4.3. Statistics on occupational diseases 
Economic activity that most reported diseases is the 
Bank activity, even with exposure of workers to 
chemical, physical or biological agents, the more 
likely is the removal by diseases related to 
organizational part of the job, such as repetitions and 
stress. 
Table 5: Economic Activity Code - CNAE 
CNAE Economic activity 
6422 Multiple banks with commercial portfolio 
1012 Slaughter of pigs, birds and other small animals 
5310 Mail activities 
2910 Manufacture of cars, vans and utilities 
8610 Activities of inpatient 
2949 Manufacture of parts and accessories for motor 
vehicles 
4711 Non-specialized retail trade 
4120 Construction of buildings 
1412 Manufacturing of garments, except underwear 
4930 Cargo transport by road 
Source: (IBGE, 2017) 
Table 6: Occupational diseases by economic activity of 
2009 to 2015 
CNA
E 
2009 2010 2011 2012 2013 2014 2015 
6422 1,900 1,559 1,738 2,631 2,606 2,635 2,325 
1012 1,001 878 512 481 612 847 628 
5310 462 499 565 648 599 731 815 
2910 567 489 522 688 832 645 324 
8610 612 520 359 434 432 532 433 
2949 556 401 397 456 435 423 249 
4711 351 361 313 302 347 280 222 
4120 334 322 302 265 256 257 178 
1412 203 208 190 135 158 254 319 
4930 248 237 191 212 201 183 173 
 Total 19,57
0 
17,17
7 
15,08
3 
16,89
8 
17,18
2 
17,59
9 
13,24
0 
Adapted: (Ministério da Previdência Social, 2017) 
4.4. Consequences of accidents 
There are Government estimates which indicate that 
the accidents have generated 254,891,669 days of 
work were lost between 2012-2016. 
 
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Table 7: Accident sickness assistance 
Year Quantity R$ 
2009 329.914 263.084.931,67 
2010 327.894 284.115.965,80 
2011 319.445 297.523.993,75 
2012 305.208 309.575.515,32 
2013 304.217 334.822.271,10 
2014 279.868 333.601.532,60 
2015 196.761 260.260.397,35 
Adapted: (Ministério da Previdência Social, 2017) 
There are still cases where the worker is ultimately 
unable to return to work. In such cases, the employee 
will be considered retired. 
Table 8: Accidental Retirement 
Year Quantity R$ 
2009 8.940 9.258.435,33 
2010 10.261 11.241.517,08 
2011 11.108 12.960.078,92 
2012 11.433 14.301.361,68 
2013 11.655 15.571.819,66 
2014 10.877 15.160.616,38 
2015 8.782 13.240.867,04 
Adapted: (Ministério da Previdência Social, 2017) 
5. CONCLUSION 
The Portuguese and Brazilian laws are distinguished 
in too many respects, especially by the scope. 
Brazilian law covers not only occupational illnesses or 
accidents but also pensions from the most diverse 
categories (or not caused by an accident of work). 
Portuguese legislation is limited to dealing 
specifically with the issue. 
According to the official statistics, among the sectors, 
what caused the most accidents in recent years was 
that of hospital attendance and what caused more 
illnesses was the banking service. 
Brazil currently occupies the 4° place in the world in 
work accidents, with an average of 700,000 records of 
accidents per year. The country lags behind only 
China, India and Indonesia (Revista Proteção, 2017). 
In the year 2017, there's a change in the law which 
deals with social security rules. 
"There are several reasons for these occurrences 
happen, but what else points out the statistics, is the 
erroneous thinking of entrepreneurs, to see the cost of 
protection and security as worn or rather than as an 
investment"” (Revista Proteção, 2017). 
In addition to the cost of accident for social security, 
it is still worth pointing out that companies today 
should be more concerned with the image that passes, 
to maintain credibility and acceptance. And this is an 
immaterial asset. 
Despite the fall of 14 percent in 2015 compared to 
2013 and 2014, the number of accidents is still 
considerable, as well account for 2500 people who 
didn't return home that year.
 
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