A reparação do dano existencial na jusrisprudência do Tribunal Regional do Trabalho da 13ª região

Abstract

The existential damage is understood as a lesion to the fundamental rights of the individual in order to attain to his life of relationships and his life projects. It is a kind of immaterial modality of damage that is independent of economic repercussion and negatively affects the daily life and personal and social relationships of the individual. It is especially used in the workplace due to the power attributed to the employer to organize the time spent by the employee in the working relationship, environment conducive to violations of rights, and therefore the need for full reparation of the same. The purpose of the present study is to analyze the Institute of existential damage, understanding the origin, concept, characteristics and their application, through a multimethodological approach, through the technique of bibliographic research and the Jurisprudential research technique, aiming at the survey of the judgments of the Regional Court of Labor of the 13th region and the analysis of the arguments used in the judgments for the recognition or not of the existential damage. With the analysis, divergence was observed in the arguments used, mainly in the application of the presumption of existential damage.