Ampliação do intervalo intrajornada: um dano existencial

Abstract

Since the appearance and consolidation of capitalism as a way of predominant production in the World, the work time was the main question from the conflicts between the working class and capital, situation that endures until the present date, according to the statistics of Judiciary Labor Power. In that context, the present work was dedicated specially to investigate the legal discussion related to the chronological time of work, notedly about the possibility of ampliation, by collective rule, of maximum level of intra journey interval foreseen in art.17, caput of CLT. Were used , to attainment the proposed goal, the bibliography search in books, periodicals and scientific magazines, beyond the test of preceding of the Superior Labor Court and field research consubstantiated in interviews realized with 400 workers linked at supermarket category and the hotels, bars and restaurants in Belém. The work is divided in three chapters and begins from the understanding of relation of environmental in general and environmental of labor and the relation with the work time, including from a historical perspective, that extends until today. The initial chapter also is dedicated to correlate work time with dignity from human person and the degrading work, besides to investigate the social function of working break and the reflexes to the life quality of worker and to the society as a whole. In the second chapter, the study falls on the legal prediction causing extend the labor interval and examining of your constitutionality, from a traditional hermeneutic, or by intermediate of a post positive exegesis. In sequence proceded the analysis of judged selected on jurisprudential search, coming from TST, from which the discussion moves to suggest the measures that could be adopted to modify the panorama jurisprudential that was pictured. Lastly, the third chapter, the research was dedicated to situate the existential damage in the universe of immaterial damages, conceptualizing and investigating the autonomy, to that, in the end, could to demonstrate the existential injury that was endured by workers in result of expansion the intraday interval, which was made starting the results obtained the field research with the categories selected.