A viabilidade dos pedidos de indenização por dano extrapatrimonial na justiça do trabalho catarinense frente às alterações da CLT

• Autor(a) principal: De Barros, Roberta
• 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/5707
• topic: Danos Extrapatrimoniais; Viabilidade; Reforma da CLT

The present monographic work was elaborated with the objective of studying the viability of the claims for moral damages in the Catarinense Labor Court, in face of the CLT alterations, especially regarding the Institutes of Free Justice and Succumbency. The approach used was quanti-qualitative, since the study produced comparative tables between what was requested in relation to moral damages by the authors of labor claims before the First Degree Judgments, and what was provided by the Tribunal Regional do Trabalho of Santa Catarina, between 01/10/2017 and 10/31/2017, as well as exposed the foundations used by the magistrates to support their decisions. So, the study (through the elaborated tables) allows an objective analysis of the position of the TRT / SC in relation to moral damages (quantitative) and also of the reasons why it considers to be harvesters of damage that can be repaired (qualitative). The data collection procedure was documentary, since it aims to explain the question of the recognition (or not) of the extra-patrimonial / moral damage compensated from data collected through the careful examination of the judgments published by TRT / SC between 10/01/2017 and 10/31/2017. As for the level, the research is descriptive since it registers and analyzes variable aspects that involve facts, without manipulating them, involving a certain population, that is: the judgments published by TRT / SC between 01/10/2017 and 31/10 / 2017.