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The existential damage and the public politicies of health, labour environment and work safety

Grant number: 15/25976-6
Support type:Scholarships in Brazil - Master
Effective date (Start): July 01, 2016
Effective date (End): March 31, 2018
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Victor Hugo de Almeida
Grantee:
Instituição-sede : Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca, SP, Brazil

Abstract

The existential damage is known as the injury to the complex of human relations that enable the ordinary development of the individual's personality, including the personal and social scopes; it is a modality of immaterial damage capable of reaching many different sectors of human social life. For example, in case of violation of the fundamental right to a well balanced working environment (art 225;. Article 200, VIII;. CF), able to endanger human biopsychosocial safety, the worker suffers considerable damages, not only material but also immaterial, like the existential damage. The purpose of this research is to analyze the existential damage institute in the employment context, its doctrinal and jurisprudential comprehension, especially in cases of disregard of health, work environment and work safety public policies. It is a multimethodological approach, quantitative and qualitative, using a bibliographic research technique, aiming a rigorous study of the concept and elements of this institute and the relationship between the existential damage and the main elements of health, work environment and work safety public policies (Decree No. 7,602 / 2011); jurisprudential research technique will be used too, in order to bring forward the frequency of occurrence of judged cases on the subject in each of the Regional Courts of Labour Law and how the existential damage has been approached by the Labour Courts. The collected data will be analyzed through inductive and content analysis methods. The goal, with this proposed research, is to produce knowledge able to contribute to the practical application and to the theoretical development of the existential damage. (AU)