Organic Etiology

It was made sure the victim, in case of deceit or guilt of the employer (without distinction of the degree), the right to the indemnity for the common law, cumulatively with the benefits foreseen in the special legislation. PROCEDURAL ASPECTS In action for indemnification for the common law, is not enough the simple test of existence of the damage and the relation of causalidade as front to the INSS happens in the demand, being indispensable that it has test accomplishes of existence of deceit or guilt, any degree, the employer. In the action of employment-related accident promoted in relation to the INSS of course it fits to the victim to provide the fact, the damage and the relation of causalidade, following the Theory of the Risk. Already with regard to the demand established in article 186 of the current Civil Code, it has the author the incombncia to prove, not only the fact, the damage and the causal nexus, but also the guilt of the employer. PSYCHIC UPHEAVALS AND ITS RELATION WITH THE DAMAGE The found difficulties to treat the subject psychic damage, make endorsing in them in GOMES, SAINTS AND SAINTS (1998), that they define the psychic damage as being ' ' that one for which subject determined one presents a deteriorizao, disfuno, riot or upheaval, or development psico-organic psicognico or that, limits its capacity of individual, familiar joy, laborativa, social activity and or recreativa' '. To if going deep on the subject, these authors propem to divide the qualitative and quantitative psychic upheavals in, using the International Classification of Doenas/CID 10, for description of the symptoms. Qualitative riots: riots of organic and psychic etiology. – Organic Etiology: subdivided in; of not known organic cause total (multifactorial, genticas, biopsquicas causes) as it is the affective case of the schizophrenia and upheavals, before known as maniac psychosis depressva.