A responsabilidade civil pré-contratual na relação laboral ante a indenização pela perda de uma chance

Abstract

This study analyzes the applicability of the civil responsibility for the loss of a chance in the labor pre-contractual stage. It begins with the civil responsibility in the labor field, conceptualizing and presenting its foundations and requirements. We analyze, separately, the application of reparation in the phase preceding the realization of the labor contract, demonstrating the need to act with integrity and loyalty since the preliminary negotiations, for the objective good faith should guide potential contractors' conduct. Later on we enter into the loss-of-a-chance theory, which takes place when, due to another person's conduct, the possibility of one either gaining an advantage or avoiding damage disappears. It is noticed that, even not having a specific regulation, the aforesaid theory has been widely used under Brazilian law with the main purpose of preventing the victim to remain helpless due to the difficulty of proving a causal link in situations involving random processes. We conclude with an analysis of actual cases which prove the applicability of pre-contractual civil responsibility in the labor relationship in the face of reparation for the loss of a chance.