BEYOND THE BIOMEDICAL MODEL: PHYSICAL THERAPY EXPERT EXAMINATION AS A GUARANTEE OF OBJECTIVITY IN LABOR TECHNICAL EVIDENCE

Vollständiger Abstract

Worum geht es in dieser Arbeit?

This study analyzes the technical, scientific, legal, and regulatory foundations that support the practice of physical therapists as judicial experts and technical assistants in labor courts. Through a narrative literature review and theoretical-documentary analysis, the study addresses the core role of human functioning evaluation in establishing work capacity, occupational restrictions, and technical evidence. The central problem lies in overcoming the strictly biomedical paradigm in labor litigations, shifting the focus from the medical diagnosis of a disease to the objective measurement of functional kinetic limitations in relation to job demands. The analysis navigates through Brazilian constitutional, procedural, and professional frameworks, highlighting the non-monopolistic nature of judicial expertise and the specific competency of physical therapists regarding human movement, ergonomics, and physical capacity. It concludes that when the core object of the proof is human functioning, physical therapy provides critical scientific objectivity through validated functional tests and the International Classification of Functioning, Disability, and Health (ICF) framework. This specialized contribution ensures proportional legal decisions and technical security for both workers and employers within a multidisciplinary perspective.