Dano extrapatrimonial nas relações de emprego à luz da Reforma Trabalhista e a questão do tabelamento das indenizações

Abstract

This study intends, through a doctrinal, legislative and jurisprudential research, to analyze the treatment that has been given to the institute of non-pecuniary damage in the scope of labor law, after the publication of Law 13.467 of 2017. First, the terminological issues surrounding the topic are addressed. A brief analysis of the nomenclature "non-pecuniary damage" as opposed to the term "moral damage" is presented. Then, some definitions on the subject are examined. First the concept of "damage" in a more general way and in the sequence the concept of "non-pecuniary damage". The following two chapters present, respectively, the evolution of the institute in the national legal system and some forms of non-pecuniary damage most commonly treated in the labor field. Finally, an analysis on the stipulation of the indemnities paid as non-pecuniary damage ends the discussion about the changes brought by the Labor Reform. At this point it will be discussed the constitutionality or unconstitutionality of art. 223-G, § 1, of the CLT.