FATO DO PRÍNCIPE OU FORÇA MAIOR-REFLEXOS TRABALHISTAS EM TEMPOS DE COVID 19

Abstract

In detriment to the labor advances that took place during the phase of modernist restructuring, it is notorious to observe that great developments were acquired by the working classes. After several revolutions and conquests, workers came to have several guarantees that were included in the Federal Constitution as absolute and unavailable, in order to sustain the balance agreed between employers and employees. Analyzing this scenario and, with the advent of the endemic outbreak of the New Coronavirus - COVID 19, many of the formalized rights are "violated", mischaracterizing the achievements acquired throughout the social trajectory of the world, often coordinated by the state agency itself, by the so-called “Prince's Fact”. The interpersonal relationships were slightly modified and many activities were suppressed, in order to meet the needs and formulate new methods that, with this situation, came to the populations. In this sense, the project under study aims to examine what are the aspects adopted for the inference of this practice, as well as elucidating the particularities that, as a result of such crisis, affected the less favored classes by the system. In conclusive aspects, it was analyzed that the duty to indemnify employees for the mitigation of guarantees contractual obligations, it will not always be the full responsibility of the employer; however, each specific case must be observed, with the aim of not to disfavor excessively any of the poles of the contract. In view of this, in order to analyze the effectiveness and importance of the aforementioned deferred rights, the legislation, jurisprudence and doctrine of several authors were considered valid, with the objective of exemplifying the main negative effects arising from the state power against companies.