Limites do dano extrapatrimonial estabelecidos pela Lei 13.467/2017

• Autor(a) principal: Silva, Paulo Henrique Rezin da
• 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/6107
• topic: Direito do trabalho; Dano moral; Indenização

The present work has as main objective to analyze the limits mentioned in law no. 13,467/2017 that serve to set the quantum indemnity for extra-financial damages resulting from the labor relations. In the research, it was used a qualitative approach methodi its nature, as for the level, is exploratory, as for procedures it is as exploratory research, and as for data collection, it is bibliographic and documentary. The results obtained reveal that the parameters established by the law no. 13,467/2017, cause direct confrontation with constitutional norms such as the principle of isonomy, and , there is also a limitation in the magistrate's activity. Thus, based on the results, it was concluded that the labor innovations of 2017, brought parameters that are incompatible with the Constitution of 1988, therefore, there is a need for the Judiciary, when setting indemnities arising from labor relations, to use the parameters only as reference and to judge the cases analyzing the damage suffered, its specificities and to comply with the principles of proportionality and reasonableness.