The Suspension Of The Labor Limitation Period In Times Of Pandemic
DOI:
https://doi.org/10.22478/ufpb.1678-2593.2020v19n42.53334Keywords:
Palavras-chave: Direito do trabalho. Processo do trabalho. Covid-19. Coronavírus. Prazo prescricional.Abstract
This article analyzed if a pandemic, such as the one generated by the Sars-CoV-2 virus (coronavirus), has the capacity to prevent or suspend the limitation period of the claim for labor rights. The hypothesis was that the limitation period on labor rights, in this situation of abnormality, do not begin to count or are suspended, based on an interpretation based on the right of access to jurisdiction. The research was justified due to numerous legal controversies that arose from the pandemic, including about the counting of the limitation period. The objectives of this research were: to analyze the limitation period in its general aspects, as well as to analyze the impediment and the suspension of the counting of the labor limitation period during the pandemic, based on the example of covid-19. The dialectic approach proved adequate due to the possibility of extracting contradictions and antagonisms around the limitation period of labor claims and for signaling alternatives at a pandemic moment. As a result, it was concluded that the cases of impediment and suspension of the limitation period, set out in the Brazilian Civil Code, are applicable to labor law. However, they should be analyzed from a constitutional point and with the observation that the limitation period, in this specialized legal branch, has restrictions and particularities. In addition, pandemics, such as that generated by the Sars-CoV-2 virus (coronavirus), may result in the interruption or suspension of the counting of the limitation period of claims arising from violations of labor rights, if there is evidence of obstacle or justifiable impediment for the access to jurisdiction, something confirmed, in part, by the Brazilian Law n. 14.010/2020.