A indenização por dano extrapatrimonial na justiça do trabalho e as alterações propostas pela reforma trabalhista

Abstract

This term paper aims to perform an analysis of the civil responsibility in the Labor Courts, more specifically in whats concerns of application of the indemnification resulting from extralegal damages. Thus, through the exam of the Brazilian legislation (before the Law nº. 13.467/2017), which, by virtue of the lack of regulations in the Consolidation of Labor Laws, until then, dealt with the matter; of the wide jurisprudence, as well as the Labor Reform, which entered into force on November 12 of this year, a study is carried out regarding the determination of the indemnity value. In this perspective, by means of bibliographic research, it is argued that such a value, the way it was being fixed, created legal uncertainty for the courts, due to the absence of clear and objective criteria, able to guide the judge, as well as an analysis on the unconstitutionality of some of the provisions introduced by the Labor Reform, which came to regulate, expressly, such indemnification.