The 4th class of the Superior Labor Court (TST) dismissing the recourse of retailer magazine, removing its condemnation to the payment of indemnity for existential damage to a commodity submitted to excessive work day.

It was understood, by majority, that the case did not contain the elements that characterize the existential damage.

The recurring company had been sentenced to the Regional Court of Work of the 4th Region (TRT4) to the payment of indemnity in the amount of R $ 8 thousand the maid who, day, no day, worked 15 hours a day and six hours in the other days . For the rapporteur of the process, Minister Maria de Assis Calsing, normal acts, how to live with the family own and have moments of leisure is part of the happiness and dignity of any person, characterizing as damage to existence to the exercise of these actions occurred in the case under discussion.

The Minister João Oreste Dalazen diverged from the rapporteur's vote, explaining that the concept of existential damage, from a legal point of view, is still under construction and many questions are still open, such as feasibility of cumulation with moral damage, or if it would be a subcategory of this. "The doctrine tends to conceptualize him as the damage to the realization of life project to loss to life. It is not identified, with moral damage," he said.

The divergent vote recognized that the employee's situation does not demonstrate an extreme situation in which there was unambiguous demonstration of commitment of his personal life. As the employment contract for only nine months, it was understood as unjustified that, in such a short time, there may be irreparably impairment of the realization of life project to loss to life.

"It is not always the company that requires extraordinary work. There are compulsive workers, work addicts, so-called Workaholics - hence the employee's requirement proves that the employer demanded excessive labor and In order to affect him the life of relations, "concluded the divergent minister.

Process: RR-154-80.2013.5.04.0016