A responsabilidade civil do empregador na fase pré-contratual

Abstract

The present study aims to analyze the employer’s civil responsibility in the prior phase of the contractility, in consideration of the Brazilian Legal System. Defines the pre-contractual stage and points out the existence of doctrinaire discussions about the delimitations of its steps (previous negotiations, preliminary contract and pre-contract). Shows up the applicable principles on this stage, emphasizing their contributions to the imputation of the precontractual civil responsibility. Drafts an analysis about the eventual responsibility resulting of work relationships, sketching concise historic approach and pointing its identifying elements. Refers to the doctrinaire classification which dismembers the civil responsibility in contractual and extra contractual. Refines the approach for the employment’s responsibility resulting of the preceding phase of the contractility. Performs analysis about its legal nature, distinguishing its mains elements and, finally, lectures about the competence for the solving of conflicts in that phase.