Paloma da Silva Aguiar
Lawyer at Marcos Martins Advogados
In a recent decision handed down by the TRT of the 2nd Region, it was decided that the statute of limitations starts to run from the moment the disease is diagnosed or the sequelae are found.
The claim for compensation was filed in 2019, reporting an accident at work in 2013. The court of first instance accepted the defense’s argument and declared the five-year statute of limitations, extinguishing the claims relating to the accident.
The case was taken to the lower court, which overturned the judgment and dismissed the statute of limitations on the grounds that Brazilian law adopts the actio nata criterion, i.e. the statute of limitations only begins when the right of action arises and this can occur years after the accident.
Thus, according to the opinion of the Rapporteur of the case, given that the sequelae were recognized in 2016, the Claimant would have until 2021 to claim compensation, determining the referral of the case to the 1st instance for the analysis of the claims related to the accident at work.
Thus, according to the TRT of the 2nd Region, even if the accident occurred more than five years before the lawsuit was filed, if the sequelae are found or confirmed after this period, the statute of limitations should run from then on.
