Responsabilidade civil e lei nº 13.467/17: análise do instituto e das implicações da reforma trabalhista na reparação do dano extrapatrimonial

Abstract

It seeks to analyze the innovations introduced to the CLT by the Act nº 13.467/17, named as the labor reform, notably in what concerns to the investigation and reparation of moral damage, renamed as extrapatrimonial damage. Therefore, using the deductive method, for exploratory purposes, it started from the general analysis of the institute and related elements in order to reach the specific point above descripted, what is obtained with bibliographic research. The treatment given to the theme during its maturation, notably in the Labor Justice harvest, under the perspective of the new paradigm established with the Federal Constitution of 1988, founded in the human being dignity, which echoed in the whole juridical order of the country. It examines the Tittle II-A introduced to the CLT, that deals specifically about the extrapatrimonial damage, appreciating its normative content, its constitutionality, the reaction of the juridical community to the news and to the possible practical consequences. It concludes that the labor reform, despite the justifies in which is based, seems to be far from hitting this aim, in special in the extrapatrimonial damage, when it is evident the risk of injustices and insufficient protection to the worker, not only for the interpretative closure intented, but also in the intent of taxation of the respective indemnity, incompatible with the very nature of the life goods protected by the institute. The work, however, does not exhausts the theme, being inserted among the initial discussions proposed still in the first year of vigency of the Act nº 13.467/17, a scenario full of insurances, seeking to enrich the studies about the theme.