A limitação do dano extrapatrimonial trabalhista: análise da constitucionalidade do § 1º do art. 223-G da CLT

Abstract

The constitutionality of the new system of reparation of labor moral damages. The relevance of the issue is revealed in the verification of the millions of workers throughout the country who may be undermined by a norm contrary to constitutional dictates. The methodologies used were bibliographic review, documentary analysis and case study. Firstly, the changes implemented are not compatible with the principle of proportionality, which is laid down in the Constitution, in view of the fact that in establishing a global ceiling for reparations due in each individual case, it may not be achieved. Second, the constitutional principle of isonomy was also violated by the way the indemnity limit was calculated, the contractual salary of the offended, considering that people in practically identical situations can receive compensation in amounts up to six times greater than one another. In order to illustrate and prove the conclusions presented, hundreds of sentences are analyzed with the request for compensation for extra-legal damages, as well as a study of the Brumadinho-MG tragedy and its labor consequences. Finally, it is concluded by the unconstitutionality of §1 of art. 223-G of the CLT.