O dano moral em razão do inadimplemento salarial

Abstract

In this monograph will be presented, in a deductive methodological approach with historicalcomparative procedures, the important divergences and changes in relation to the jurisprudential and doctrinal positions on the subject addressed. Its content incorporates practical aspects, mainly, obtained with the technique of bibliographical research, updated, conducted by the author in the decisions of the Labor justice, especially in the Regional Court of the 4th region work and Superior Court of the work. In this bibliographical research, they add the theoretical reflections obtained by reading the specialized books most used by the law scholars, in relation to the Labor branch, together the Federal University of Rio Grande do Sul, where I had the pleasure of studying during the two semesters of the year 2016. With regard to the objective, in the present work, it is necessary to analyze the jurisprudential understanding of moral damages for wage defaults and their reparation, and thus, to make a study permeated between the doctrine and labor law intrinsic to the Federal Constitution and the Consolidation of Labor Laws. For this, it will be necessary to compare doctrine, jurisprudence, legal and constitutional provisions, in order to elucidate the possibilities of such damage and also to compare the characteristics of moral damage in re ipsa and moral damages due to wage default, for The purpose of this study is to analyze the reparation of moral damages for non-payment of wages, their calculation and effects, and to consider other forms of reparation. With a practical, clear and objective language, appropriate to give subsidies to the incipient students of the matter, as for more focused studies on the part of the right operators seeking the update on the subject matter. My Intend, with this, will be expose more pragmatically, every topic discussed, on the basis of the short temporal lapse that summarizes a monograph. However, by the effort made, I hope that everyone can extract the best and due knowledge obtained by the author during the manufacture of the work.