Commentary on Judgment No. 15237 of 2023: Notification and Suitability in Workplace Safety

Judgment No. 15237 of January 13, 2023, issued by the Court of Cassation, offers an important reflection on the issue of notification in the workplace, particularly concerning the offense provided for by art. 4, paragraph 7, of Law No. 628 of 1961. This ruling is part of a legal context in which workplace safety and hygiene play a crucial role, requiring an accurate understanding of notification procedures.

Context of the Judgment

The Court rejected the appeal concerning the issue of notifying the request from the Labour Inspectorate to provide information and documents. In particular, the Court established that notification perfected through completed deposit is not suitable for constituting the offense, as the actual knowledge of the request is considered a constituent element of the offense itself.

Offense under art. 4, paragraph 7, Law No. 628 of 1961 - Notification by completed deposit of the Labour Inspectorate's request for information and documents - Suitability - Exclusion. In matters of workplace hygiene and safety, for the offense provided for by art. 4, paragraph 7, of Law No. 628 of July 22, 1961, to be constituted, notification of the Labour Inspectorate's request for information and documents, perfected through the procedures of completed deposit, is not suitable, given that actual knowledge of such a request is a constituent element of the offense.

Implications of the Judgment

This judgment has several practical implications for companies and professionals in the sector. In particular, it is essential that notifications of official requests from the Labour Inspectorate are made in a way that guarantees the recipient has actual knowledge of them. The absence of such knowledge makes it difficult to establish an offense.

• Need for direct notification to the interested parties.
• Importance of documentation proving receipt of communications.
• Possible consequences for companies that do not follow correct procedures.

Conclusions

In conclusion, judgment No. 15237 of 2023 reiterates the importance of direct notification and actual knowledge by the recipient, essential elements for the constitution of offenses concerning workplace hygiene and safety. Companies must pay attention to these procedures to avoid sanctions and ensure regulatory compliance, thereby improving not only their legal standing but also worker safety.