A tarifação do dano extrapatrimonial na Justiça do Trabalho

• Autor(a) principal: Andrade, Samara de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7587
• topic: Reforma Trabalhista; Dano extrapatrimonial; Tarifação

The object of this study is the study on the assessment of extra-judicial damages in the Labor Court, which came into force after Law 13467/2017, known as the Labor Reform, more specifically in § 1 of article 223-G, which proposes that when the judge decides to proceed with the request for indemnification of na off-balance-sheet order, the later must set the indemnity amount according to the contractor’s salary ceiling. Thus, we sought to analyze how these values were established with the advent of the respective law, what the controversies in relation to the determination of the quantum debeatur and we put to the dance its constitutionality. For that, na extensive research was done in doctrines, scientific articles, jurisprudences, monographs, dissertations and Brazilian legislation itself, so that a more in- depth analysis of the subject could be done. Through this monographic work, we verified the concepts of moral damage, the competence to judge off-balance-sheet damages in the working relationship, the parameters for the determination of the indemnity quantum and its constitutionality. It was found that, the Labor Reform happened wit exacerbated speed, bringing some institutes incompatible with the Federal Constitution. Therefore, it is concluded that, although a device dealing with off- balance damages in the Consolidation of Labor Laws was importante, some innovations brought by Law 13467/2017 violate the constitutional. Principles set forth in the Brazilian Federal Constitution of 1988, when fixing the indemnity as a resulto f off-balance damage in the relationship between employee and employer.