Danos extrapatrimoniais no processo do trabalho

• Autor(a) principal: Prado, Aparecida Maria
• Data de Publicação: 2016
• 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/33409
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Dano moral; Dano extrapatrimonial; Dano existencial; Indenização; Gestão de recursos humanos; Ações trabalhistas; Teoria do desestímulo; Material damage; Extrapatrimonial damage and repair; Existential damage; Compensation; Human resources management; Labor claims; Disincentive theory

The evolution of compensation claims in Brazil, from the 1988 Constitution, built a troubled scenario in labor courts.The claims in Court to repair extra patrimonial damageis not consolidated.Those questions doesn’t receive the righttreatment and doesn’t help to hold the numbers of claims in Court, it’s just growing. It should betreated as a respectableInstitute, but has been known as an “ moral damageindustry “ and the parts are acting by guilty and deceit. The study originated in observation of extreme cases and research foundthat the Institute hasn’t been used correctly; it has been treated as a weapon to create impunity and as a consequence serious social problems. So the way that our labor law acts, just show to us that we are failing to punish the bad employers. Unaware of the dimension of thehuman being and how important is the integrity feeling.In Court there are thousands of claim with this subject,because of this the claims are not treat with the respect that the Institute deserves, but with a kind of indifference The study offers some ideas and solutions, counting with the historical research, the comparative law, by modern managers in human resources, drawing attention, as the new dangers and proposing changes in thebehavior of thoseinvolved in an extra patrimonial damage and repairwhich may result in a reduction of the volume of claims in Court and it’s also a way to rescue the social value of labor law