The Pre-Contractual Liability in the Brazilian Labor Law

Authors

  • Juliano Gianechini Fernandes PUC-RS
  • Nina Trícia Disconzi Rodrigues FACENSA

DOI:

https://doi.org/10.5433/2178-8189.2015v19n1p63

Keywords:

Civil Responsibility Pre-Contractual, Employment Contract, Good Faith in Contract Law

Abstract

The conclusion of a contract is preceded by a phase of negotiations, and contacts between the parties. In employment relations, the same occurs, however the expectation of the worker is always greater. Due to the non-consolidation of the transaction contract, a possibility of compensation for material damages exists, and or off- balance sheet, the lien being reaching demonstration of damage done. The rules of Private Law must adapt itself to legal principles, guiding macro social order, such as the respect for good faith.

 

 

Author Biographies

Juliano Gianechini Fernandes, PUC-RS

Lawyer, Professor of CNEC Unit Gravesend / RS - FACENSA. Graduated from Lutheran University of Brazil - ULBRA Campus Guaiba / RS, Post graduate in Law and Labour Procedure by IMED, Member of State Studies Groups, Process and Trade Unionism and Collective Processes at PUC, Master in Law from PUCRS.

Nina Trícia Disconzi Rodrigues, FACENSA

PhD in Public Law from USP. CNEC Professor of Law Unit Gravesend / RS - Faculty Cenecista Our Lady of the Angels - FACENSA.

Published

2015-04-24

How to Cite

Fernandes, J. G., & Rodrigues, N. T. D. (2015). The Pre-Contractual Liability in the Brazilian Labor Law. Scientia Iuris, 19(1), 63–82. https://doi.org/10.5433/2178-8189.2015v19n1p63

Issue

Section

Artigos