Relação entre indenizações e benefícios acidentários na Itália

The relationship between the civil liability and the social insurance against accidents at work and occupational diseases is much debated still today in Italy and Brazil. The analysis of the italian situation may be of particular interest for the brazilian debate which is characterized by similar problems. The current debate in Italy, that has lasted over a century, depends on the unresolved conflict between the old prospective of social insurance as substitute remedy of the civil liability and its modern concept as public remedy. Starting from the analysis of the different positions, the essay offers a critical review of the literature and case law and a clear distinction between the social insurance and the civil liability in compliance with their constitutional functions