Escolhas trágicas no direito do trabalho

Abstract

This study aimed to analyze certain judicial decisions in Labor Law that can be characterized as tragic choices and proposed the application of Martha Nussbaum's theory of human capabilities as an ethical alternative to mitigate damages and promote a fairer legal practice. To this end, the research defined and contextualized the concept of tragic choice, analyzing specific cases of judicial resolutions in labor disputes and examining the relationship between these choices and the promotion of human capabilities. Finally, it offered an innovative perspective focused on workers' dignity and human development. The research is justified by its theoretical relevance in proposing a bridge between Philosophy and Law, bringing to the legal field a concept initially restricted to philosophical and literary research, later expanded in the social sciences through economics and management, and that, in recent times, challenges us to consider its application in the legal context. Its practical impact is evident in suggesting ethical solutions for judicial decisions involving tragic choices, while its social contribution lies in fostering critical reflections on the limits and potentialities of Labor Law in challenging ethical contexts. The methodology used in this research integrated the hypothetical-deductive method with a narrative literature review and documental analysis, exploring the concept's philosophical origins and its contemporary application in Law. Supported by authors such as Aristotle and Martha Nussbaum, this approach articulated theory and practice to ensure a critical analysis of the ethical and legal dilemmas faced in the labor field. Thus, the study aims to provide critical reflections and contribute with practical ethical solutions, guiding more just and well-grounded decisions by legal professionals.