REFORMA TRABALHISTA E A LIMITAÇÃO DOS VALORES DE INDENIZAÇÃO POR DANO MORAL

Abstract

The purpose of this paper is to demonstrate the alteration brought about by the Labor Reform on the limitation of values as moral damages in the Labor Court, thus presenting the Principles of Labor Law, whose purpose is to guarantee the worker his rights, since the employee is liable to suffer damage to his right. In order to be compensated for the damage suffered, specifically moral damages, today, according to our legal system, moral damages should be fixed according to criteria of the severity of the damage, but limited to 50 (fifty) times the last contractual salary of the employee. Prior to the Labor Reform the indemnity values received by the workers did not derive from any criterion of limitation of value, being analyzed by the magistrate considering the trinomial: compensatory character for the victim; the punitive character for the cause of the damage and the exemplary character for the society as a whole. In view of this, we have the unconstitutionality of the labor reform that limits the value of compensation for extra-patrimonial damages, violating the constitutional principles of the dignity of the human person, the principle of isonomy, as well as the inviolability of intimacy, private life, honor and Image.