A subordinação jurídica como causa impeditiva do curso do prazo prescricional na vigência do contrato de trabalho

Abstract

This study aims to verify whether the statute of limitation period to seek legal repair for injury suffered by employees, resulting from illegal acts committed by their employers, should be restrained, during the duration of the employment contract. This topic is extremely important for the Labor Law, and also of guaranteeing the constitutional fundamental rights of the worker. Although the Labor Law is governed by the principle of worker protection, and having as its premise the worker’s absolute vulnerability, the Consolidation of Labor Laws is silent in relation to the hypotheses of impeding the flow of statutory deadlines. Therefore, the rules of Civil Law, provided for in art. 197 and art.198 of the Civil Code are used. Taking all of this in consideration, the following research problem was presented: the factual inequality between the subjects of the employment relationship can be considered a cause that restrain the course of the statute of limitations during the duration of the employment contract, applying, by analogy, the Article 197, III, of the Civil Code? The conclusion, based on the systemic interpretation of the prescription rules, and according to the perspective of labor and constitutional principles, determines that, as long as the factual inequality lasts (that is, as long as the employment relationship lasts), the beginning of the statute of limitation period shall be prevented