O fato do príncipe nas relações de trabalho

Abstract

At the beginning of 2020, Brazilians were surprised by the news that in other countries, an unprecedented health crisis was already a reality, caused by the dissemination of the Coronavirus pandemic called SARS-CoV-2, which causes the COVID-19 disease. The great impact resulting from this pandemic concerns isolation, which brought changes and impacts in the Brazilian scenario, specifically, in employment relationships, directly affecting employment contracts. With this, this study aims to explain the Fact of the Prince in labor relations. The idea of ​​the work is to highlight the labor reflex in the face of the Coronavirus pandemic. Legislative Decree No. 6, of March 20, 2020, recognized the state of public calamity until 12/31/2020, for the purposes of art. 65 of Complementary Law No. 101/2000. Law No. 13.979/2020 brought the labor reflex specifically to the provision of article 3, which concerns the absence from work and should be the device with the greatest impact on the working environment and for the working class as regards, the cessation of the employment contract under the allegation of Facto do Príncipe. In this context, the company used as an example, the company Churrascaria Fogo de Chão, located in the city of Rio de Janeiro, which terminated the employment contract of approximately 100 (one hundred) employees. At this moment, one wonders whether the Coranavirus pandemic caused the dismissals of employees of the company Churrascaria Fogo de Chão and to the detriment of this, did the Fact of the Prince occur? Controversy arises if the Fact of the Prince occurred, who will bear the charges and labor indemnities, the doubt is between the State or the Company. Since the corporation is part of an investment fund and has dismissed employees in order not to reduce dividends. To answer this question, the method of deductive approach was used, in addition to bibliographical and documentary research. The research object of this dissertation was developed from a qualitative approach based on a bibliographic review and on the survey of information on websites on the World Wide Web (Internet) having as main sources of consultation: works by renowned authors of Labor Law, Procedural Law of Labor, Administrative Law, Civil Law, Civil Procedural Law, among others, TST Summaries and documents referring to the dismissal of employees. The exploratory method was also used, aiming to bring out more exposed attention. So that the various aspects addressed are clear to the reader about the issue. The Facto do Príncipe applies in the event of termination of the employment contract, permanently or temporarily, as in the cases when the Public Administration makes it impossible to carry out the employer's activity and, therefore, through law or act, according to to article 486 of the CLT. The requirements to configure the Prince's suit are: permanent or temporary work stoppage; unpredictability, originating from an act of the Public Power, which may be administrative or legislative; impossibility of the employer to give cause for the issuance of such act. As a result of the research, it was identified that there was no Facto do Príncipe as a result of the COVID-19 pandemic, in the example of Churrascaria Fogo de Chão, but the civil responsibility of the employer's labor law to pay employees' severance pay. who were fired, as well as the reinstatement of some of the employees. It is concluded that the benefits of the research led to knowledge of the topic in a precise, articulated, easy-to-understand manner, aiming to ensure the fundamental rights of workers in the face of the COVID-19 pandemic.