Análise conceitual e jurisprudencial sobre os danos morais indiretos na seara trabalhista

Abstract

The present monograph aims at the moral damage reflex (also known as indirect or in rebound) in the labor sector. Such a damaging modality is fully recognized in the civil sphere; however, when reflexive moral damages are originated in a working relation, the doctrine and jurisprudence, as well as the judiciary power seek to mitigate the quantitative of facts that legitimates lawsuits of this nature. In this way, it is verified that the subject is still poorly explored by law operators that act in the labor practice and, because of this there are still a series of doubts on this subject. In this case, a series of judgments had been brought to the present in order to demonstrate that in the vast majority of cases, the demands involving moral damages resulting from a labor relationship are caused, mainly, by work-related accident, as well as almost always they are collectively required by the victim's family members. Therefore, this work is focused on the subject and provides greater visibility to the moral damages reflected in the labor law.