A interpretação jurídica acerca do fato do príncipe (art. 486 da clt) em período pandêmico

Abstract

This present work deals with the end of a contractual relation under the justification of the legal phenomenon “Fato do Príncipe” (Prince’s Fact) — a theory contained in Brazilian labor legislation — in times of coronavirus pandemic. This paper aims to clarify whether the state is responsible for paying severance pay for layoffs caused by the decreets that closed commercial companies in the pandemic period. This research was based on the logical-deductive method with the aid of the bibliographic review, jurisprudential positions and the legislation applicable to the case at hand. As a result, it was seen that the state did not act on purpose, despite having been the cause of the stoppage of work activities, because the state only followed the scientific guidelines that were imposed in that time. As conclusion, it is remarkable that the best path to be adopted by entrepreneurs is to maintain the employment relationship with the help of telecommuting or the temporary suspension of the employment contract.