SOCIAL SECURITY EPIDEMIOLOGICAL TECHNICAL NEXUS: EMERGENCE AND APPLICABILITY IN THE SOCIAL SECURITY AND LABOR SPHERE surgimento e aplicabilidade na esfera previdenciária e trabalhista

Abstract

It is a qualitative research, with descriptive purposes, technical procedures in a documental and bibliographical way and of a theoretical nature. The objective of the article was to bring up the moment of the emergence of the social security technical nexus in the Brazilian legal system, as well as its applicability in the social security and labor sphere. Based on the research carried out, the main reason for the emergence of NTEP was the large number of requests for social security benefits that were rejected due to the worker's evidential lack of sufficiency. Thus, this methodology applied by the INSS for granting benefits favored the employee's condition, thus exempting him from the task of proving the causal link between illness and work. However, such presumption may be rejected by the employer if the lack of a link to the federal autarchy is proven. In addition, in the labor field, in case of inconsistency of the judicial expertise on the causal link between the illness and the activity performed by the employee, it is appropriate to apply strict liability to the employer.