A quantificação das indenizações decorrentes de danos extrapatrimoniais na justiça do trabalho frente à reforma trabalhista.

Abstract

This work develops a study about the innovations promoted by the Law No. 13,467/17, known as Labor Reform, in the text of the Consolidation of Labor Laws (CLT) on the quantification of off-balance-sheet damage. In view of the debates about the harmony of the tariff system, inserted in the article 223-G of the norm, with the Legal System, and with the purpose of demonstrating in what way the tariff system of indemnifications for immaterial damages, (in the molds of §1º of art. 223-G of CLT), affronts the of the human dignity. In order to do that, it is essential to analyze the introductory notions of off-balance sheet liability, discuss the principles that guide the definition of reasonable and proportional Indemnification, and inspect the details of the procedures for determining the amount of compensation used, before and after, the aforementioned law. The research is carried out by the deductive method, since the aim is to prove the harmfulness of the tariff system by means of a broad examination of the norm. This is made possible through the use of bibliographical and documental procedures. Given this, it is verified that the tabulation of the non-material damage collides with founding principles of the Federal Constitution of 1988 (CF/88), as well as make inoperative the other criteria that guide the determination of the indemnities and, as a consequece, frustrates both its lenitive and pedagogical nature, which imposes the verification that art. 223-G suffers not only from the ineptitude of its criteria, but also of a manifest unconstitutionality.