Prescrição do dano moral na justiça do trabalho.

Abstract

The legal relationships constant suffer a process from evolution. In the field of the civil liability it raises of importance world of the pain and suffering. Labor Justice, also comes passing for deep changes in recent years, mainly after the promulgation of the Constitutional Emendation n°. 45. In these changes one inserts problematic it of the decurrent pain and suffering of the relation between used and employer. Already having been, of certain form, pacified the agreement of that the Justice of the Work is competent to judge the moral suit for damages that they elapse of the work relation, was questioned regarding which would be the applied limitation for such actions, since the working stated period of art. 7°, is diverse of the periods of limitation of the Civil Code, arts. 205 and 206, § 3°, V. For in such a way it was used preponderantly of bibliographical research, confirmed in doctrinal articles and agreement of the courts repertoires on the subject, establishing through the methods exegetic and deductive, interpretations and arguments that allow a later conclusion on which limitation will have applicability. From these parameters a study became on the institute of the lapsing, perceiving it as half apt to allow security in the legal relationships, detailing this stated period under the optics of the civil law and the member of labor party, in as moment after sketched a general landscape of the new working ability the Constitutional Emendation n°. 45, emphasizing the pain and suffering in this context, perceiving its evolution in the native order, and its incidence in the labor relations, finally, presented the most varied arguments of, in such a way doctrinal, as agreement of the courts that they oppose on the applicability of the limitation, when it is ahead of a pain and suffering in the working field investigating which secular lapse would attribute a more efficient value regarding repairing in that legal branch. To the end, one concludes that the limitation for the exercise of a pretension is not fixed taking in account the ability of the judgment to know of the respective order. Of another side, even so the working pain and suffering finds specific shades in the Right of the Work, the indemnity properly said results of norms of Civil law, exhibiting, therefore, nature of credit not-member of labor party. The period of limitation of the right of action for liability for pain and suffering and material member of labor party is the foreseen one in the Civil Code.