THE OCCURRENCE OF EXISTENTIAL DAMAGE IN WORK RELATIONSHIPS

Abstract

As a result of the Principle of Human Dignity, there is a need to protect workers, who have suffered serious violations of their fundamental rights throughout history. In this context, there is a concern with the prevention, restraint and repair of the type of damage that is known as existential damage, which deprives the individual of freely exercising his life project. Through several judgments, the Superior Labor Court and the Regional Labor Court, it was possible to verify that the recognition of this kind of damage is inevitable. Although the Superior Labor Court, and several other Regional Courts have demanded proof of real damages to the the individual’s life, in order to curb legal adventures, wrongful litigation and the trivialization of this type of damage, the existence of this type of damage is undeniable.