Tarifação do dano extrapatrimonial: análise do art. 223-g da lei 13.467/2017

Abstract

In November 2017, the law that introduced the labor reform came into force, bringing several changes in the Consolidation of Labor Laws (CLT). Among the changes, there was the creation of art. 223-G, which deals with indemnity for moral damage, also called off-balance sheet damage, proposing a tariff system. The indemnity for moral damage was previously supported by the constitutional text, as well as by Civil Law. However, in the scope of Labor Law there was no express provision in the law regarding off-balance sheet damages. Thus, the new article brought some parameters and criteria that aim to support the judge at the time of fixing the amount of indemnity for moral damage, which did not exist before. However, the tariff system imposed by paragraph 1 of art. 223-G of the CLT promoted a discussion about its constitutionality, considering that it would not be in conformity with certain constitutional and labor principles. Although the article in question is the subject of an Unconstitutionality Action, proposed by the National Association of Labor Justice Magistrates (ANAMATRA), it has already taken effect since 2017, so it is already possible to notice some changes in the Labor Justice