Dano extrapatrimonial na reforma trabalhista.

Abstract

The Labor Reform brought several changes to the labor legislation, the present study aims to analyze the modifications related to the institute of the off-balance damage, from its requirements, to the form of reparation before the reform, after the Reform and also with the amendment of the Reform by means of provisional measure currently in force. In this way, the study analyzes whether there has been an advance or regression in labor law, when it refers to off-balance damage, analyzing positive and negative points. As a result of this, it is noteworthy that a legislative advance occurred because the CLT was silent on the subject, but also a retrocession, because, the new devices restrict the operation of the operator of the right when to his freedom in the evaluation of the institute, limiting it to the use of CLT alone and not to civil law with constitutional foundations as before, thus causing a setback as to the content of such provisions and also a marked unconstitutionality for part of the doctrine. The methodology applied to this research was based on the documental bibliographic method, with analysis of numerous archives. Consequently, it is concluded that the modification of the CLT with the Labor Reform, at the same time that it brought advances in labor legislation, also provoked conflicts of understandings, retroacting as to the material stability of the institute of the off-balance-sheet damage. In the elaboration of the research, the method of deductive approach was used. Regarding the procedure, the method used was historical, and the approach to the problem is explanatory. Regarding the technical procedure, the bibliographical was used, since the construction of the present work was based on the analysis of laws, books, internet and periodical articles.