A prescrição aplicável dos danos materiais e morais decorrentes de acidente do trabalho

Abstract

The prescription, strictly material Law institute, after the edition of the Constitutional Emend nº 45/2004, which has defined labor’s justice competence, merely procedural, to judge labor accidents’ related actions at law, began being a much discussed topic in the laborite sphere, in a sense of defining which is the statute of limitation applicable in such cases. Therefore, the present piece has as scope demonstrating the prescription principle, fixed in the Brazilian legal system, applicable in relation to material and moral damages resulting from the labor accident. Thus, is made necessary to approach a number of concepts related to the prescription institute, as well as equalize some polemic questions that involve the subject, especially when the prescription is examined through the scope of material procedural labor law, such as: the concept of prescription, historical origin, distinction between similar institutes, causes that hinder its decree, the adequate procedural moment to allege the prescription, the intercurrent prescription, the office indictment by the labor judge and the issue of the controverting matter’s nature in the process. By ultimate, and no least important, this work has as intent to demonstrate, with legal support, that, defining such rule in incontrovertible form, is a crucial matter so that the fundamental rights and warrants, such as the social rights, are defended to the parts in a secure and effective way