A (in) constitucionalidade da tarifação do dano extrapatrimonial à luz da reforma trabalhista

Abstract

The purpose of this article is to analyze the unconstitutionality of Article 223-G of Law 13467 of July 13, 2017, which established in its subsections the employee's salary as a parameter for the determination of compensation for moral damages arising from the relationship unequal and discriminatory treatment of employees receiving lower wages than those receiving higher wages. Thus, the present study aims at investigating the unconstitutional aspects that comprise the mentioned article, as well as its reflexes in the legal order of the country, more precisely in the Labor Law itself. Thus, the development of this article will be done through a bibliographical re-study about the unconstitutionality of moral damage in light of the labor reform, through articles, law and doctrine books, and still have the support of the internet. The procedure for data collection was done through a critical reading of how much analyzed, for the elaboration of the present study. Finally, it is verified that the article under analysis strongly opposes constitutional legal hermeneutics, since its application diverges with the principles of isonomy and dignity of the human person, intrinsic to the very institute of moral damage.