O dano moral no contrato de emprego

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The present study deals with Moral Damages in Works Contracts. The purpose of this paper is to identify the characteristics of acts and occurrences that fit the condition of moral damages occurring during the work relationship and their repercussions in the area of financial compensation. Thus, this paper examines the laws, jurisprudence, and doctrines applied in such circumstances. This paper is divided into eight chapters, each following a thematic sequential order, beginning with the comprehension of moral issues as assets to be protected, followed by conceptual references of moral damages and the laws and norms applicable to this issue. Questions of quantification, of the statute of limitations, and of the competence to apprehend this issue are also discussed. This study attempts to focus on the innovations introduced in the Federal Constitution of 1988 as they relate to intention of the law with respect to compensation for moral damages in the work relation. The constitutional aspect given to civil rights and labor law has subsequently unleashed a strem of lawsuits requesting damages. An understanding of the constitutional content which has given this type of compensation the nature of Civil Responsibility, permits a study of the subjective theory considering the action or omission in cases of workrelated accidents and the study of the objective theory in other cases. This paper concludes that moral damages in work contracts are of a civil nature and are subject to the application of the Civil Code, without the loss of the privileged forum guaranteed by the Federal Constitution of 1988

ASSUNTO(S)

contrato de trabalho - emprego contrato de trebalho - dano moral direito constituiÃÃo, 1988

ACESSO AO ARTIGO

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