A concretização do direito fundamental da personalidade: análise qualitativa de precedentes do tribunal superior do trabalho sobre responsabilidade objetiva

Abstract

The Federal Constitution in the Democratic State of Law Permeates the interpretative activity that combines consistency and appropriateness to the judicial decisions through the implementation of fundamental rights, as a mechanism of legitimacy of the judicial acts. The theory of the integrity of Ronald Dworkin has emphasis as a tool of hermeneutic understanding of the legal system in tandem with moral assumptions brought by the principles addressed in metaphor of judge Hercules in search of the answer. In this dynamic, the principle of human dignity is an interpretative vector that represents the essence constitutional and radiates to the whole legal system, including the private relationships. Consequently, he rights of the personality as dimensions of human dignity are applicable to labor relations. It is the civil liability as social solidarity, an instrument for the substantiation of human dignity and of the rights of personality by using the system subjective and objective of accountability. Thus, the decisions of the Superior Labor Court (Tribunal Superior do Trabalho) are qualitatively analyzed, in order to recognize as rights of the personality and the dignity of the human person are confirmed by civil liability.