O dano pré-contratual no direito do trabalho: a possibilidade de flexibilização em decorrência da pandemia instaurada pela Covid-19

Abstract

The present work will be discuss the different positions of the employer's responsibility to indemnify the damages generated in the phase that precedes the employment contract, caused by the expectation of the creation of the job vacancy. The requirements for employer's accountability will also be analyzed. Currently, there are already convictions in indemnities for moral damages as a result of losses that the cancellation of job vacancies causes to the employee, however, there is a divergence in jurisprudence on the subject, as well as the requirement of some requirements created by labor jurisprudence. With the study of the employer's civil liability, the social function of the company and the governing power of the employer, there is a great legal stir with regard to indemnities without the employment bond between the parties, in a phase called pre-contractual. In the same sense, due to the fragility of the Brazilian economy and the great challenges brought about by the Covid-19 pandemic, the present work will reflect on the possibility or not of the flexibility of the pre-contractual damages eventually caused by the numerous cancellations of vacancies and hiring