"Estabilidade provisória" e a Súmula nº 443 do Tribunal Superior do Trabalho : vedação à dispensa imotivada do empregado acometido por moléstia grave.

Abstract

The current undergraduate thesis seeks to analyze the principles that supported the creation of the Precedent 443 of the Superior Labor Court, as well as its consequences in the brazilian law. The Precedent provides that it is presumed discriminatory the dismissal of employees with HIV or other serious illness capable of causing prejudice, and the worker is entitled to be reinstated in his job. With this Precedent, the burden of proof is on the employer, whom must demonstrate that he acted with good faith and had no intention to discriminate the dismissed employee. The presente thesis was created using mainly bibliographic research and jurisprudence analysis.