LIFE FOR WORK: EXISTENTIAL DAMAGE IN THE LABOR SPHERE

Abstract

The present work discourses about a recent doctrinal and case law current relative a new modality of damage no longer contemplated by the simple definition of moral damage, called existential damage. The concept of existential damage is
originally from Italian Law and has been recognized in Brazil by the courts and scholars about the focus of the principle of human dignity and the fundamental rights and guarantees provided for in the Federal Constitution of 1988. In the case of employment
relationships, the existential damage occurs when the employee for being underprivileged part of the relationship, suffers limitations in his life outside the labor environment because of unlawful conduct of the employer, making it impossible for him
to practice a set of social, sporty, affective, family activities, or to develop his life projects in professional, social e personal ambit. In labor law, the indemnity resulting of existential damage is being discussed by the courts as a way of giving more effectiveness to the rights of the worker. When it becomes impossible for the employee to reconcile his personal life with the professional through the fault of the employer, arises the disorders that empty human existence and make disappear the meaning of life. In other words, the existential damage arises.