Prescrição na ação de indenização por danos morais decorrentes de acidentes de trabalho

Abstract

Once pacifying the competence from Justice of the work about to prosecute and judge actions of reparation for damages ethics current of accident of work, it was diffused on doctrine and jurisprudence , contests as about what should be the deadline of prescription aplicable to laborite indemnify. It is questionable, this way, if the prescricional time appropriate should be the referent of the budgets laborite , of five years during the labor agreement and untill two years after the rescision of the labor pact, foreseen into the article 7º, section XXIX, of the Federal Constitution of 1988, or if it should be the temporal gap referent of citizens reparations , establish into the article 206, §3º, V, of the Civil Code of 2002? Or yet, if it would be applied the one of ten year, foreseen on Civil Code of 2002, article 205, for the requests in wish the law hasn`t fixed smaller prescicional gap? Besides, in this subject, it is not even undeniable the prescitibility of the actions of damage reparations, caused by labor accident, there`s still the ones who defends it shall be imprescritable such pretentious , for protect personal rights from the workers , while human beings. Throught this academic work, done by iminent bibliographic research we'll explain the proposed theme , demonstrating the thesis defended , picking certify the validity or disables of one theories.