The Concept of Moral Damages in Labor Relations

Abstract

As it contemplates a certain yearning for citizenship, derived from the process of re-democratization that finds its roots in the national Constitution of 1988, statistics show a strong increment in the volume of lawsuits in which the problem of civil liability for pain and suffering is debated. And, particularly in the field of unbalanced relations, such as consumer law and labor law, this phenomenon grows even more. Labor relations constitute, in fact, a fertile ground for the occurrence of multiple damaging situations, what is certainly connected to the vicissitudes of the vertical contract between employer and employee. In the process of analyzing such a great quantity of cases, the Brazilian Superior Court of Labor has faced the same quality of matters afflicting civil jurisdiction, especially those concerning the qualification and quantification of such damages.