Prejuízos ao trabalhador decorrentes do limbo previdenciário trabalhista: o dever de indenizar

Abstract

The present course conclusion work proposes to achieve a detailed analysis about the denominated Limbo Legal Social Security Labor, a situation faced by several workers who, when presenting themselves to the employer after the cessation of the social security benefits in the event of an accident at work and similar illnesses, are prevented from returning to their usual functions, without any assistance from the employer. As it restores throughout the study, there is no legal existence on the subject, and labor jurisprudence has the role of providing solutions in specific cases. This study is divided into three chapters of development, introduction and conclusion, which specifically discuss the numerous damage faced by workers exposed to limbo and defend a moral damage configuration in re ipsa due to the conduct of the employer who subjects the employee to this situation, violating principles enshrined in the scope of Labor Law, such as the Dignity of the Human Person and the Principle of Worker Protection. The elements of civil liability, specifications and how these elements are present in the hypothesis studied are shown throughout the text.