Causal link (also called causal link) is a term used in law to address a cause and effect relationship between the agent's conduct and the result of the crime. It is a logical concept, according to which an action generated a consequence.
The causal link is a link that links cause to effect. It is proof that an action was the consequence of another - an idea that is related to the very law of physics of cause and effect.
In Law, there must be a causal link for someone to be held responsible for an act. That is, it is necessary to prove that the individual was responsible for the conduct that generated the consequence.
Causal nexus in Criminal Law
The causal link in Criminal Law is the relationship between the criminal fact and the conduct practiced by the individual. This means that when a crime is committed, one seeks to identify the cause of it, including the causal relationship.
To make it easier, look at this example: A person is injured as a result of being shot. In this case, there is a causal link between the shot fired at the individual and his wound.
The causal relationship is provided for in article 13 of the Penal Code, where cause is defined as “action or omission without which the result would not have occurred”.
Understand what the Criminal Code.
Hypothetical Elimination Criteria
To find out if a crime was a consequence of a certain action, the criterion of hypothetical elimination is applied, that is, imagine the scenario without the existence of the first act.
If with the hypothetical elimination of the cause, the consequence also disappears, it is because the conduct was the origin of the consequence.
This means that in the case of an injury caused by a gunshot, if we imagined the scenario without the shot being fired, there would be no injury either. Thus, by the criterion of hypothetical elimination, there is a causal link between these two actions.
Causal link in Labor Law
The causal link is also used in Labor Law, in cases of work accidents and occupational diseases.
Understand the causal relationship between the activities performed and the consequences for the health of the employee is important for the judge to determine the need for accountability and payment of indemnity.
work accidents
In the case of work accidents, the aim is to identify the relationship between the working conditions or actions taken by the company and the accident suffered by the worker.
In these cases, for a company to be held liable, in addition to the causal link, there must also be guilt or intent - the causal link alone is not enough.
Let's look at an example: an employee had an accident because he did not follow safety instructions, nor did he use the protective equipment offered by the company. In this case, there will be a causal link, but the company will not be held liable, as the worker failed to follow the safety procedures.
But if the company did not provide training or protective equipment and the employee had an accident, there is also a causal relationship between the activity performed and the accident, there will be intent and, therefore, liability of the company.
The fault for an accident can be due to three conducts of the company: recklessness, malpractice and negligence.
occupational diseases
Occupational diseases are diseases resulting from working conditions and are also classified as work accidents.
In the case of these diseases, it is more difficult to establish a causal relationship, as the disease is developed along of time, it is more difficult to identify if it was external factors or if it was the working conditions that culminated in the disease.
It is common for the disease to be the result of several factors, which are called concauses - when the problem has more than one origin. Thus, an illness can be the result of working conditions as well as external factors.
See also the meaning of CLT.