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| Author(s): |
Camila Martinelli Sabongi
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Franca. 2018-05-04. |
| Institution: | Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca |
| Defense date: | 2018-03-22 |
| Advisor: | Victor Hugo de Almeida |
| Abstract | |
Existential damage is understood as an injury to the person relationship complex that enable the ordinary development of the individual’s personality, encompassing the personal and social order; it is an immaterial modality of damage capable of reaching several sectors of human social experience. For example, in case of violation of the fundamental right to a well-balanced work environment (articles 225, 200, VIII, CF) capable of compromising the human biopsychosocial safety, the worker suffers considerable damages, not only material but also immaterial, among which existential damage is found. The aim of the present investigation was to analyze the institute of existential damage in the labor context, its doctrinal understanding and jurisprudential application, especially in cases of violation of labor-environmental regulations. It was a multi-methodological approach, quantitative and qualitative, adopting the bibliographic research technique, intending to set up an existential damage concept through the analyses of its characterizing elements and its relation with the labor-environmental regulation (Decree 7602/2011); also adopting the jurisprudential research technique, aiming to survey the frequency of occurrence of judgments on the subject in Regional Labor Courts and in the Superior Labor Court, delineating how the existential damage has been approached by the Labor Judiciary. The collected data was analyzed through the inductive and content analysis methods. It was pursuit, with the proposed research, to produce knowledge capable of collaborating both for the practical application and for the theoretical development of the existential damage institute, examining the notion of existential damage related to labor-environmental public policies and the approach employed by the Regional Labor Courts and the Superior Labor Court in these cases. (FAPESP). (AU) | |
| FAPESP's process: | 15/25976-6 - The existential damage and the public politicies of health, labour environment and work safety |
| Grantee: | Camila Martinelli Sabongi |
| Support Opportunities: | Scholarships in Brazil - Master |