O dano existencial no direito do trabalho e a responsabilização do empregador ao impedir que o trabalhador goze do convívio social

Abstract

The human lives and is shaped by society, being the work is part of his life. Therefore, the working journey cannot take their rights or impair your life plan, or your life relationships. In this sense, it is the existential damage, which aims to repair the damage caused by the loss of life's pleasures, or employee away from their social relations. In this perspective, the working journey established by the employer must respect the fundamental rights of the employee, including the right to leisure, which has a several perspectives, among them, to enable the employee self-knowledge and self-humanization. This research aimed to demonstrate the possibility of liability of the employer for existential damage arising from your failure enjoyment of the fundamental right to leisure by the employee, and pointed out the requirements for the civil liability of the employer for the occurrence of the existential damage, followed by some Brazilian judicial precedents.