THE EXISTENCIAL DAMAGE APPLIED TO THE LABOUR LAW: AN ANALYSIS OF DOCTRINE AND THE BRAZILIAN JURISPRUDENCE

Abstract

The existential damage is conceived as the injury that negatively affects the person interests that have not an economic expression. Through it, the worker is deprived of the fundamental and constitutional right of freely dispose of his time or self-determination, experiencing losses in his relationships or in his life project, both characteristic elements of the existential damage. The present study aims to examine the existential damage, its doctrinal and jurisprudential understanding, appreciating how that kind of damage extrapatrimonial comes being assimilated by labour law and applied by operators of law. It's a multimethodological research, with quantitative and qualitative approach, based on the survey method through the bibliographical research techniques and jurisprudential, whose data were analyzed using content analysis technique and the deductive method. While it is evident its relevance, it was found that the institute is little applied by Brazilian courts, there is great controversy on its foundations and application, as well as lack of specific bibliographic material available.