Responsabilidade civil pela perda de uma chance no direito do trabalho

Abstract

This paper aims to demonstrate the application of the civil liability institute for the loss of a chance in the scope of labor relations. From the historical development of the theory, it examines its application in the Brazilian legal system, as well as its compatibility with the specific principles of Labor Law. The main concepts and assumptions of the theory of the loss of a chance are discussed, emphasizing the relevance of this institute in the evolution of civil responsibility. The loss of a chance is differentiated from other species of damage recognizing it as na autonomous damage, which can cause damages for patrimonial and/or off-balance damage. Finally, some judgments of the Regional Labor Courts are analyzed, as well as the Superior Labor Court, which recognizes the application of the theory of the loss of a chance in the labor market, both in the pre-contractual as contractual and post-contractual phases.