Especialização Direito do Trabalho e Processo do Trabalho
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Navegando Especialização Direito do Trabalho e Processo do Trabalho por Assunto "Dano existencial"
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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.Monografia Acesso aberto O dano existencial no direito do trabalho diante da reestruturação organizacional do setor laboral bancário(2017) Pittigliani, Muryel Claudino dos SantosThe present study tries to verify the occurrence of existential damage in the labor relations that involves the category of bankers, in front of the new organizational structure of this sector. In labor law, existential damage arises from the employer's conduct that interferes or negatively changes the project of personal life or causes an impediment or constraint to the life of the relationship outside the work environment. The concept of existential damage comes from Italian law and is gradually being explored, recognized and applied by Brazilian jurisprudence and doctrine, whose foundations of this new institute are based, above all, on the principle of the dignity of the human person and the fundamental rights and guarantees envisaged In the Federal Constitution of 1988. Workers in the financial sector are extremely exposed to occupational diseases because of the way of management of the respective companies that bet on a routine of collecting abusive goals, pressure and moral harassment as a way to increase their productivity. In this work the method of interpretation was used as the deductive method. The research technique used was the bibliographical one.