Dano existencial nas relações de trabalho: o (des)conhecimento das novas dimensões da Responsabilidade

Abstract

Under Italian law, the institute of existential damage has gradually been reaffirmed in Brazil, although little touched upon by national doctrine, is in vogue in the Labor Courts, since there is considerable reception of this, in view of its relevance to the principle of dignity Of the human person and the fundamental rights and guarantees guaranteed by the Federal Constitution of 1988. The present article will focus its descriptive and analytical approach in contextualizing the existential damage in the labor relations dialoguing with jurisprudential decisions on the new dimensions of civil responsibility. In this way, existential damage in the Labor Law, or damage to the existence of the worker, is due to the employer's conduct, which prevents the employee from enjoying his or her life project. Notwithstanding the labor law and the Federal Constitution to see the right to work as a fundamental social right, and, in this sense, to appreciate the applicability of the human rights of the worker, often the employee, an underemployed party, has witnessed the violation of Rights to the practice of unlawful acts by the employer. The paper also points to a claudicate jurisprudence on the recognition of existential damage, necessitating that this theme be better developed and debated in the academic and, above all, procedural milieu.