Navegando por Assunto "Dano moral"

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Os critérios de quantificação do dano moral segundo o TST e a (in)constitucionalidade do parâmetro adotado pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Lima, Hugo Silva Pereira de; Moreira, Allan Gomes; Pereira, Emília de Fátima da Silva Farinha
The present study aimed at analyzing the criteria used by the Superior Labour Court (SLC) in order to establish an amount for compensations for moral damage held within the workplace. Moreover, a contrast is suggested between such criteria and those adopted by the Act N. 13.467/2017 (Labour Reform) which implemented a new reference based on the wage earned by the injured in order to quantify labour moral damage. Structurally, this study begins by analyzing moral damage and its conceptualization, and explores the characteristics of civil responsibility of the injured before the offense as well as how the damage can be verified. Furthermore, a counterpoint is made between the given damage and labour Law noting how the latter observes the former in the labour field. Next, this study analyzes the criteria for establishing the quantum to be paid to compensate the moral damage in our legal system. At last, the constitutionality of changes in the criteria was analyzed in the light of the Labour Reform as well as whether this new reference will be used or not in Labour Law.
Responsabilidade civil frente ao risco ambiental e o dano extrapatrimonial coletivo
(Centro Universitário do Estado do Pará, 2018-12-13) Magalhães, Isa Campos; Fonseca, Luciana da Costa
This monograph deals with off-balance sheet Responsibility in the face of risk. The main purpose is to propose a reformulation in the current model of civil liability, which is linked to the past. The objective is also to study the applicability of collective moral damages in the face of risk, based on the principles inherent to environmental law, in particular, the right to the ecologically balanced environment, full reparation and irreversibility of environmental damages. It was a monograph from a jurisprudential and doctrinal research. In this perspective, the understanding adopted by the state courts and the superior court in relation to the scope of the applicability of collective environmental moral damage in face of the. In order to face this problem, we illustrate the importance of a new structure in the model of environmental civil liability, in order to internalize the new paradigm developed with the new risks that proliferate in a disorderly way, for which there is not yet the creation of significantly effective mechanisms for the protection of environmental protection. In view of this, we have made an in-depth analysis of the recent judgments regarding reparations in the face of risk, as well as moral damages, in such a way that we see the preponderance of understandings based on the status quo. It proposes, then, that the uncertainty prevails in the contemporary necessity, so that it is necessary to introduce forms of risk management, by consolidating the understanding that preventive and precautionary instruments should not be treated in a secondary way , but on the contrary, they should be used as parameters for the adoption of measures that mitigate risks, as well as proposals that provide an effective communication channel between civil society for the performance of decision-making programs. Finally, it has been demonstrated that modernity must apply civil responsibility as a model for the future, in order to achieve the effective preservation of environmental law.