Do dano existencial e a responsabilidade do empregador na profissão de motorista de cargas pesadas (caminhoneiro)

Abstract

The main purpose of the research is to problematize, from the theoretical method, the emergence of existential damage, doctrinally, since it has been consolidating in the Brazilian legislation and case law. That happened because the driver of heavy loads loses his life on the road, and, in this context, is responsibility of the employer to compensate for losses suffered. Questions like that are emerging socially and many people are unaware of the rights around that subject. The protection of the driver of heavy loads exists, however, the pertinent legislation that limits his work journey subjects him to practically double his time on the road for the delivery of a load, causing the professional to suffer serious damages – even personal – because of his work. And finally, bright to light the risks faced by professional truck drivers at stops and inns during their workday.