Responsabilidade civil pela perda de uma chance: reflexões sobre sua aplicação no Direito Trabalhista à luz da Jurisprudência laboral

Abstract

The work in question aims to address some aspects about the application of the perch theory of a chance, in the country, being the focus, the application of this theory in the labor jus environment. Thus, in order to reach the larger objective of analyzing how cases involving this matter have been resolved in the Labor Courts, it has become necessary to address some historical concepts, in order to demonstrate the changes that have occurred in the way of compensating the victim of an unfair, as well as the assumptions about civil liability since the institute researched derives from Civil Law. The purpose of this paper is also to analyze some legislative innovations that have occurred in Brazil, which may complicate the application of this thesis, as the final chapter deals with the way in which the theory has been understood and applied in concrete cases, based on jurisprudence from the Federal Regional Courts as well as the Superior Labor Court.