A indenização pela perda de uma chance no direito do trabalho

• Autor(a) principal: Silva, Alessandra da
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29870
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Perda de uma chance; Responsabilidade civil pela perda da chance; Loss of a chance; Liability for loss of chance

Compensation for loss of a chance in the Labor Law, is a new theme, but the major source of study and discussion, because it is a kind of liability, based on the loss of gaining an advantage or avoid a loss. Although very recent, started strongly to be recognized by civil law and by early labor jurisprudence. This form of compensation is present in labor relations, pre-contract or post-contract, during the actual execution of the work contract. The purpose of the application of compensation for loss of a chance in the Labor Law, is to get the employer has more caution when performing their acts, avoiding damage to the employee, that action unprepared for a future employer, or current employer former employer denies the employee's opportunity to obtain a certain advantage. However, one can not confuse the compensation for loss of a chance with the consequential damages or loss of profit, which is little known form of compensation, framed by the majority doctrine and jurisprudence, as a standalone damage. So, study the origin of this theory, the rise in Brazilian law, becoming the first studied Civil Law and currently very recognized by Labor Law. Still, talk of practical cases and recent decisions in Labor Law