Prescrição bienal: a celeuma acerca da contagem do prazo prescricional bienal na hipótese da superveniente readmissão do empregado

Abstract

This work aims to bring up analysis of the existing stir about counting the two-year limitation period, the labor harvest in the event of the employee's readmission for the same employer exhausted before the statute biennium. The central idea is that the problem lies not in the said final count, but the finding that based on the spirit that animated the original constituent during the term of the employment contract may only cover the five-year prescription. After the concept showing standard that guides this work and make history foreshortening theme, it is pointed out how the matter is handled by the courts and homeland doctrine and how it can be interpreted in the light of the Constitution of the Federative Republic of Brazil 1988. In addition, it makes specific approaches in comparative law about concepts relating to the topic. It takes into account teleological and historical analysis of the debates within the Constituent Assembly, which inspired the treatment by the legislator with regard to the distinction between the terms.