Dano existencial nas relações de trabalho: um instituto do escravismo contemporâneo

Abstract

The labor courts are reaching levels of performance never before experienced in the area of law, such achievements are entering more and more workers in a scenario in which their rights are safeguarded and preserved the dignity of the human person. Such protective measures prevent abusive practices that are common in the employment relationship, and that inevitably end up generating damage to the very existence of human beings. An employer who acts out the legal dictates in search of success at any cost, sometimes subjects the worker to degrading situations that consume all the expectations of this as well, all your life project. When hiring a worker, the employer has a list of measures to be followed and respected, but to a large number of cases this is not respected. Not the employer trying to lower way their employers is justifiable to have a gap between them, with respect to economic and social situation. Social rights, the right to work, health, occupational hygiene and safety are embodied in the Magna Carta and are fundamental to an effective working life. The labor courts, given the current scenario of Brazilian society has a fundamental role to compel such practices as to harmonize, increasingly, in its decisions compensatory and educational measures, the trend is the reduction of cases of existential damage, as well as increasing improvement of life for workers.