HUMAN RIGHTS WORKER AND THE LIMITS TO STEERING POWER EXERCISE: THE EXISTENCIAL DAMAGE IN LABOR LAW

Abstract

Existential damage is the harm to physical and/or psychological of an individual in the context of labor relations has as taxable worker. Faced with the growing context of violation of the dignity of workers in Brazil, it is important to discuss the existential damage in labor harvest and its impact on the enjoyment of fundamental rights. This is because excesses in the exercise of power steering turn out to deliberately expand the employee's subordination state. In this sense, it will be developed a bibliographical and exploratory research on the existential damage in Brazil, noting the position taken by the Labour Court. In place of conclusion, it is observed that the Brazilian case law has allowed the recognition of the applicability of the concept of existential damage, greatly in view of the pressing need of discouraging practices of this nature.