Inconstitucionalidade do art 223- G da CLT

Abstract

The present research aims to analyze the possible unconstitutionality of article 223-G, §1º of the Consolidation of Labor Laws , taking into account the recent decision of the on the subject, considering its impacts on the repair of extra-patrimonial damages in the labor sphere and its coherence with the fundamental precepts of the Federal Constitution. The research is bibliographic and is carried out using the deductive method, with analysis of the STF decision on the topic. In this context, the question arises regarding the constitutionality or not of article 223-G, §1 of the Consolidation of Labor Laws , which establishes criteria for establishing the quantum of compensation, considering the severity of the extra-patrimonial damage and relating it to to the employee's salary. The debate surrounding this device raises questions about its compliance with the constitutional principles of individual dignity, equality, protective principle, proportionality and reasonableness. It was determined that the extra-patrimonial damage should not have linked its maximum limit to the employee's salary, as such a link was unconstitutional, disregarding the extent of the damage suffered.