Employer civil liability: is it possible for it to apply in the case of an illegal act committed by an employee using a work tool outside of working hours?

Abstract

The purpose of this research is to analyze the employer's civil liability when an employee commits an unlawful act by using a work tool, even if outside working hours. The STJ, as well as the state courts oscillate in some judgments since sometimes they force the employer to answer for the unlawful act of the employee, with the use of a work instrument even if it is outside the hours of exercising his function and, on others, they dismiss this duty to repair. It concludes that it is possible for an employer to be held liable for an unlawful act committed by an employee using a work tool, even outside working hours depending on the characteristics of the object. The method used is hermeneutic, based on an analysis of legislation, doctrine and case law.