Indenizações trabalhistas em tempos de pandemia: a força maior e o fato do príncipe

Abstract

The present work aims to deepen the study of labor indemnities in the pandemic period caused by Covid-19, whether employers could invoke the prince's fact or force major as causes of excluding culpability in contractual termination and its importance in the field of labor law. Therefore, we seek to heal any obscurity with respect to the contractual terminations coming from the pandemic period, aiming at the differentiation of the concepts of fortuitous case, force major and fact of the prince, as well as these theories behave in the various branches of law, moreover, to study aspects of jurisprudence and doctrine concerning indemnification in pandemic times. The present study was carried out through bibliographical research of physical and digital means through reading bibliographies, articles, jurisprudence, legislation, as well as news, in order to deal with a current and relevant subject to address this theme in question, ascertaining the new judgments. It was evidenced that employers cannot invoke the theory of fortuitous and the fact of the prince for the resolution of employment contracts, because the federative entities acted in order to protect the greater collective good using the lockdown technique, thus moving away from this device, also departing from the theory of force greater force for contractual terminations, because the company necessarily to invoke this device has to have the door of its companies or subsidiaries completely closed.