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

Abstract

The present article has as object of study the art. 223-G, § 1 of the recent Law 13.467 of 13th of July of 2017, entitled Labor Reform, in so far the that the mentioned legislative innovation in the labor field devoted a chapter entirely to the extrapatrimonial damages, starting to establish a system of taxation the indenity quantum based on the salary of the offended, in such a way that created a discriminatory system in the moment of determine the values of the indemnities to be arbitrated by the magistrates. In this way, had as objective verify this point of the Labor Reform from a doctrinal and jurisprudential perspective, tracing the way since the historical and the doctrinal conceptualization of the institute of extrapatrimonial damage, as well as its analysis under the aegis of principles emanating from the Federal Constitution of 1988. Thus, it was concluded that the tariff system instituted by Law 13467/2017 is not in line with the Brazilian legal system, while becoming unconstitutional for violating principles such as the dignity of the human person, isonomy, equity, reasonableness and proportionality.