In a court decision of the 10th Panel of the Regional Labor Court of the 2nd Region (TRT-SP), superior court judge Marta Casadei Momezzo understood that redress of moral damage does not constitute labor credit.
The superior court judge noted that the moral offense, even the one that has occurred due to an employment relationship, shall not be considered as labor credit.
Therefore, it is not applicable to moral damages the provision foreseen in article 7, XXIX of the Federal Constitution, which establishes the limitation period of a suit.
This is also the understanding of the Superior Court of Justice (STJ) expressed in Precedent 278, which states: "The initial term of the limitation period, regarding the suit for moral damages, is the date on which the insured had unequivocal cognizance of the work disability."
0007100-96.2009.5.02.0361 - RO
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