Analise acerca da demissão por justa causa decorrente da embriaguez no trabalho

• Autor(a) principal: Nascimento, Miria Renata Aparecida Oliveira
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5487
• topic: Rescisão; Justa; Causa; Contrato; Trabalho; Demissão; Embriaguez

This study aims to analyze dismissal for just cause due to drunkenness at work, based on labor legislation and country jurisprudence. For that, a qualitative approach was used, the bibliographic procedure and the level of depth was exploratory in nature. The results were obtained from a thorough analysis of the employment contract, as well as the verification of article 482, item "f", of the CLT with the in-depth study of alcoholism. In this bias were presented the modalities of contractual termination, giving greater attention to the rupture of the employment contract by the employer, as well as the financial and social risk that generates the dismissal due to cause due to drunkenness, based on opinions of the medical community, doctrinal and jurisprudential understandings on the subject. Throughout the research, a detailed analysis of the drunkenness and its practical consequences in the family relationship, the social life and the employment relationship was made, demonstrating that the dismissal for just cause under article 482, item "f", of the CLT is not the best way out of conflict resolution between employer and employee. Thus, it is concluded that there is a need for greater observance of the constitutional principles and the factual reality about drunkenness, and this should be considered a disease that needs to be treated and not as a cause of just cause for dismissal of the employee in cases of alcoholism.