Terceirização e legalidade face às relações empresariais modernas

Abstract

The purpose of this work is to analyze and to conclude about the statute of limitations in actions that involve indemnity for damages by reason of work accidents and occupational diseases by equalization. It is an extremely important discussion because it was verified, over researches made to develop this dissertation, that the theme is still divergent as it is in doctrine as in jurisprudence and possibly will be still a subject dissect by law scientists interested in the application of the right, once it is about a really relevant theme because of its social reach. There are three doctrines that diverge about the statute of limitations to be applied. It would be the one established in the Federal Constitution in article VII, the one in the Civil Code for indemnity for damages or it is imprescriptible because it is a personality right and thus irrevocable? It happens that the statute of the action right resulting from work accidents for fault or intention of the employee is resulted from a tacit or expressed contractual obligation, specifically, from an employment contract, so, it is a kind of labor right, being the indemnity of the damages a credit resulted of the work relationship, even it is uncommon. It is inferred the aforementioned proposition after a deep research about of all institutes that involved the indemnity for damages by reason of work accidents lawsuit, like the legal liability, the legal liability of the employee, the relation between employee and employer, material competence from the Labor Court, the statute in general, the statute defined for the labor lawsuits, the argumentation of the different positioning about the statute of limitations, jurisprudences and conclusion about the question