DUMPING SOCIAL E DANO MORAL COLETIVO: UMA ANÁLISE DE SUAS CONFIGURAÇÕES JURÍDICAS E APLICAÇÃO PELA JUSTIÇA DO TRABALHO, COMO INSTRUMENTOS DE COMBATE ÀS VIOLAÇÕES DOS DIREITOS TRABALHISTAS.

Abstract

The subject under study is about the legal form of collective social dumping and moral damages in labor relations, as a tool against the repeated violations of labor rights in Brazil. The issue that prompted the study: a) How the Labor Court understands, conceptualizes, and interprets the social dumping collective moral damage? b) What foundation do you use? c) How the Labour Court is judging social dumping and collective moral damage? What criteria are used in these trials? d) What are the situations that cause the condemnation of social dumping and collective moral damage? e) How the Labor Court awoke to social dumping and collective moral damage? Doctrines that have caused attention to the subject? The study aims to analyze decisions of the Labour Court and doctrines of social dumping and collective moral damage in order to understand the process of trial and conviction of employers who flout labor laws and mass repeatedly. The study was conducted in two distinct and complementary moments. In the first, he took advantage of literature in order to seek greater theoretical depth and conceptual background. In the second, we focused on the research field characterized by data collection and case law on the subject under study. The research result is that the configuration of social dumping and collective moral damages in employment law is at the stage of study and discussion, because the concepts are not consolidated.