Collective moral damage in employment relationships: the legal perspective of its characterization and recovery

Authors

  • Kevin Tomi Universidade Estadual de Londrina
  • Lourival José de Oliveira Universidade Estadual de Londrina

DOI:

https://doi.org/10.5433/1980-511X.2016v11n3p113

Keywords:

Collective moral damage in employment relationships, Metaindividual rights, tort liability.

Abstract

this paper addresses the collective moral damage in employment relationships within the Brazilian legal context and dialogues with the collective, diffused and individual homogeneous rights and interests of employees. Furthermore, this study analyzes the new workings of this system with the advent of globalization, in addition to examining the basic components of moral damage and imbricating them to the particularities of collective damage. therefore, the object of this study is to understand the features, impacts, and the results of the collective moral damage in employment relationships. this research is also a critical analysis of the institute, is based on doctrinaire thesis and case-law standings, which has the finality of interacting with the labor reality, and analyzes expositional examples and remarkable decisions. Finally, this research proposes some practical measures to mitigate the wounds afflicted by the collective moral damage in the labor area; consequently, administrative methods can prevent the judicial alternative; and the deductive and bibliography method in related fields helped compose this multidisciplinary study.

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Author Biographies

Kevin Tomi, Universidade Estadual de Londrina

Bachelor in Law from the State University of Londrina.

Lourival José de Oliveira, Universidade Estadual de Londrina

He completed a law degree from the State University of Londrina (1988), a bachelor's degree in History from the same University (1989), a Master's degree in Social Relations Law from the State University of Londrina (1994) and a PhD in Law from the Pontifical Catholic University Of São Paulo (1999). He is currently an Associate Professor at the State University of Londrina where he is also a professor of the Master's Degree in Business Law, a professor at the Faculdade Paranaense and Professor of the Master's Degree in Law at the University of Marília.

Published

2016-12-23

How to Cite

Tomi, K., & Oliveira, L. J. de. (2016). Collective moral damage in employment relationships: the legal perspective of its characterization and recovery. Revista Do Direito Público, 11(3), 113–149. https://doi.org/10.5433/1980-511X.2016v11n3p113

Issue

Section

Artigos