SOUZA, A. V. B.; SOUZA, Anna Victória Batista.
Résumé:
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.
