A tarifação do dano extrapatrimonial na reforma trabalhista (lei 13.467/2017)

Abstract

The goal of this paper is analise the off-balance sheet damage regulation provided for in II-A of TCL, in law 13467/2017 take as parameter to the repair to be paid, the last employee contract wage. The problem is that the tax imposed in law violates the human being dignity when value the legal good in different amount, considering that the honor of the injured must be in directly proportion to the paycheck. Besides, the judges that, in practical, arbitrated the reparation value, basing in precepts instituted by civil responsibility in moral damages process, based on your own conviction, now are fixed to the parameters established by the new labour law, thereby losing the discretion power, in casu. The methodological input will be made on research and literature review, in consultation with authors such as Farias, Netto and Rosevald (2017), Silva (2017), Peixoto (2017), Martinez (2017) e Barba Filho (2017), in addition to the "dossie cesit": criticisms and analisys compiled about the labour reform, made by State University of Campinas (UNICAMP). Finally, the result of the study shows that utilization of objective criteria, largely based on pecuniary limitations in order to arbitrate off-balance sheet damage become vulnerable the pursuit of rights inherent uniqueness of the worker disadvantaged financially, mainly the dignity of the human being.