Os critérios de quantificação do dano moral segundo o TST e a (in)constitucionalidade do parâmetro adotado pela reforma trabalhista

Abstract

The present study aimed at analyzing the criteria used by the Superior Labour Court (SLC) in order to establish an amount for compensations for moral damage held within the workplace. Moreover, a contrast is suggested between such criteria and those adopted by the Act N. 13.467/2017 (Labour Reform) which implemented a new reference based on the wage earned by the injured in order to quantify labour moral damage. Structurally, this study begins by analyzing moral damage and its conceptualization, and explores the characteristics of civil responsibility of the injured before the offense as well as how the damage can be verified. Furthermore, a counterpoint is made between the given damage and labour Law noting how the latter observes the former in the labour field. Next, this study analyzes the criteria for establishing the quantum to be paid to compensate the moral damage in our legal system. At last, the constitutionality of changes in the criteria was analyzed in the light of the Labour Reform as well as whether this new reference will be used or not in Labour Law.