Decision-making criteria for the quantification of moral damage in action of labour accident indemnity with reduced ability to labor

• Grant number: 12/23521-3
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date until: March 01, 2013
• End date until: February 28, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Maria Hemília Fonseca
• Grantee: Fernanda Menezes Leite
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Human dignity is protected by the Brazilian Federal Constitution. Among the different aspects required for their achievement, are the right to safety and health at work and, of course, a balanced work environment. Thus, the occurrence of industrial accidents often involves a violation of these rights. Yet despite the relevance of the theme, in Brazilian legislation the value of compensation for non-material damage arising from an accident at work with reduced ability to forced labor supports not in any objective criterion. In this respect, a study that seeks to identify the criteria used in judicial decisions to fix such an amount can assist law enforcers in the numerous cases that occur daily in our country, behold, theoretical formulations have not been sufficient to guide them. The study is justified because it must grant the victim compensation for moral damage based on the principles of reasonableness and fairness,in other words, that not present negligible, fulfilling the goal of repair at least partly suffering, but that also is not too high, stimulating the unjust enrichment. The methodological basis of the research is the doctrine and the jurisprudence relating to homelands, with incursions by Spanish law. The end will be indicated the parameters used for just financial compensation of the claim for moral damages resulting from an accident at work with reduced ability to forced labor under the quantitative aspects and substantial, stressing that, in the event of shortcomings found, can be prepared new criteria which meet the possible shortcomings pointed out by the study.(AU)