A tutela do dano moral coletivo no Direito do Trabalho.

Abstract

This monographic work has as aim to discourse about the Collective Moral Damage in Labor Law. Initially, there is a need to establish the concept and scope of the moral damage, especially when it comes to offenses in the field of Labor Law. Moreover, it is very important to understand that the modern society is in constant transformation, so new legal situations arise, that were unknown before, therefore the need of Procedural Law to make a constant development to accompany those changes and, consequently, to promote an effective tutelage of these new rights. Thereby, it was noticed that the traditional systematic procedure, marked by the dichotomy between public and private law became obsolete in front of the new rights that emerged, the transindividuals, which lies between those two rights. In this field, it‘s noticed that the collectivity became to be understood as an being full of personalistic values, that can‘t be harmed, otherwise it would occur the collective moral damage, occurring still in relation to the working class, considered collectively. To be understood how the collective moral damage in the working relations is characterized and how the right tutelage can be given it has to be understood that every specie of metaindividual interest, the homogeneous individual, the collective strict sensu and diffuse. From the deductive method, it was taken the general premise of the procedural to know how occurs, specifically, the tutelage of the collective moral damage in Labor Law. Through the bibliographic and jurisprudential research, it was found that the matter is still target of many divergences. So, knowing that the systematic procedural has passed the metaindividual interests and effective access to justice, it was made an approach of how occurs the respective tutelage, focusing its procedural peculiarities and major divergences, which lie basically in two points: the legitimacy to act and how the procedural instrument will be appropriate to the tutelage of the homogeneous individual rights. In this sense, it was concluded that the tutelage of the diffuse and collective rights in strictu sensu must be done by public civil action or collective civil action. It was also verified that is allowable to cumulate the requests for diffuse interests, collective strictu sensu and homogenous interest tutelage, as a way to promote a more effective tutelage in the moral collective labor damage. To finish, it was concluded that the collective procedure, is in level of construction and needs to improve so it can provide an effective way to solve all the demands in the social-juridical situation nowadays, and specially the cases of collective moral damage in labor law.