Prazo prescricional quinquenal: (in) compatibilidade com os Princípios Fundamentais que regem o Direito do Trabalho brasileiro?

Abstract

The present work, through the qualitative dialectic methodology, seeks to face possible incompatibility between Constitutional precepts in light of Fundamental Labor Rights, given the operationalization of the employment relationship in Brazil and its constituent elements. Thus, the chosen method competes in opposition to positioning conflicting elements and the understanding of the role of these elements in a phenomenon. The present work seeks to bring to the fore the real reasons behind the institute for the five-year period and why it should not be applied in the scope of Labor Law during the course of the employment contract, with a view to relationship between contractors. Finally, reference should be made to Article 197, section II of the Civil Code, regarding the non-innocence of this term in relation to the relationship between ascendant and descendant, precisely because of the relationship of subordination in which they are. In this bias, it is possible to conclude on the assertion in an extensive interpretation of the aforementioned article to the relation between employee and employer by the same lived factual reality.