TARIFAÇÃO DO DANO EXTRAPATRIMONIAL E VIOLAÇÃO À DIGNIDADE HUMANA

Abstract

This scientific article seeks to analyze whether the pricing of off-balance sheet damage, under Law No. 13.467/17, is unconstitutional in view of the fundamental principles of equality and human dignity, embodied in the Constitution of the Federative Republic of Brazil of 1988. To achieve this goal, the work was organized into three items and used instruments such as books, articles, laws and jurisprudence, to demonstrate how compensation was paid for off-balance sheet damages before the new law, as well as to exemplify discussions about the theme. The first item provides a historical retrospective on the origin of moral damage in the Brazilian legal system, as well as a thorough analysis of certain types of damage, by making doctrinal and jurisprudential citations to corroborate the thinking exposed there. The second item aims to delimit off-balance sheet damage based on the rules set forth in Title II-A of the Consolidation of Labor Laws. In addition, criticisms were made as to the manner in which reparation takes place. Finally, in the third item, an analysis was made about the Direct Unconstitutionality Action No. 6069, filed by the Federal Council of the Brazilian Bar Association, in order to declare unconstitutional this charge for off-balance sheet damages, as well as to observe the offenses against the fundamental principles of human dignity and equality, embodied in CRFB/88. At the end of this article, it will be demonstrated if the new rule of art. 223-G of the CLT violates fundamental and individual principles and guarantees.