Especialização Direito do Trabalho e Processo do Trabalho
URI Permanente para esta coleção
Navegar
Navegando Especialização Direito do Trabalho e Processo do Trabalho por Autor "Alves, Francine Maria"
Agora exibindo 1 - 1 de 1
Resultados por página
Opções de Ordenação
Monografia Acesso aberto Dano existencial no direito do trabalho(2017) Alves, Francine MariaThis monographic study examines the emergence of existential damage in Labor Law, the legal bases of it occurrence and the possibility of indemnification in labor convictions. The concept of existential damage originates in Italian law and has been recognized in Brazil by courts and doctrinaires mainly based on the fundamental rights and guarantees and on the principle of the dignity of the human person, provided in the 1988 Federal Constitution. Although they are damages of a nature extrapatrimonyal, existential damage has distinct characteristics and should not be confused with moral damage. In the Labor Law, the indemnification resulting from existential damage has been discussed by the courts as a way to give more effectiveness and guarantee to the rights of workers. It was concluded that labor convictions for existential damage are increasingly present in jurisprudence and are aimed at compensating workers and avoiding a recurrence of attitudes that afect their existential sphere. On the methodology used in the work, the approach of the problem was pure research, the production of scientific knowledge was through theoretical research, the method used for data collection was the bibliographic, the approach of the research was qualitative and the approach method was the deductive.