State Liability for the Loss of a Chance Under Brazilian Special Retirement (Harmful Activities) Rules

Abstract

The following paper presents a short study about the liability for the loss of a chance (pert d’ une chance) institute, under Brazilian State obligations, specifically regarding its assignment of monitoring companies in issuance of documents proving harmful activity for privileged retirement purposes of their employees. Omission on this task often implies losses to workers, enforcing Administration to a compensation – among other measures and according to what is argued – in the form of indemnity payment to the affected ones.

Keywords

• Indenização pela perda de uma chance
• Dever legal de fiscalização do estado
• Direito previdenciário
• Aposentadoria especial
• Formulários comprobatórios de atividade nociva