Has Full Reparation Died?: Moral Damage and Labor Reform

Objective: To investigate the protection of personality rights and full compensation for moral damages in labor relations post-Labor Reform, analyzing the compatibility of CLT Article 223-G, § 1º with the Constitution, in light of ADI 6.050/DF. Theoretical Framework: Addresses the constitutionalization of law, human dignity, personality rights, and moral damages as an expression of protection. Discusses the centrality of work and the precariousness of labor relations due to the Labor Reform. Method: Qualitative, descriptive, and analytical research, with bibliographic review and documentary analysis. Focuses on legislation (CLT, Civil Code) and jurisprudence, especially the ADI 6.050/DF ruling and TST judgments. Results and Discussion: The tariffing of moral damages by the Labor Reform created conflict with full compensation. The STF, in ADI 6.050/DF, interpreted the caps as guiding criteria, allowing higher values based on the specific case, reaffirming human dignity and judicial autonomy. Research Implications: Reinforces judicial autonomy and the protection of workers' personality rights. Contributes to understanding the relationship between infra-constitutional legislation and constitutional principles in Labor Law. Originality/Value: Offers a critical analysis of the judicial response to the limitation of full compensation, highlighting how constitutional interpretation preserved the effectiveness of rights protection and human dignity at work.

Authors

Publication Details

Journal
Revista de Gestão Social e Ambiental
Published
2025-06-06
DOI
https://doi.org/10.24857/rgsa.v19n6-011
Primary Topic
Labor Movements and Unions
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Has Full Reparation Died?: Moral Damage and Labor Reform

João Vítor Ladeira Chornobai, Silvana Souza Netto Mandalozzo
Revista de Gestão Social e Ambiental
Labor Movements and Unions
article

Has Full Reparation Died?: Moral Damage and Labor Reform

João Vítor Ladeira Chornobai, Silvana Souza Netto Mandalozzo
article en

Abstract

Objective: To investigate the protection of personality rights and full compensation for moral damages in labor relations post-Labor Reform, analyzing the compatibility of CLT Article 223-G, § 1º with the Constitution, in light of ADI 6.050/DF. Theoretical Framework: Addresses the constitutionalization of law, human dignity, personality rights, and moral damages as an expression of protection. Discusses the centrality of work and the precariousness of labor relations due to the Labor Reform. Method: Qualitative, descriptive, and analytical research, with bibliographic review and documentary analysis. Focuses on legislation (CLT, Civil Code) and jurisprudence, especially the ADI 6.050/DF ruling and TST judgments. Results and Discussion: The tariffing of moral damages by the Labor Reform created conflict with full compensation. The STF, in ADI 6.050/DF, interpreted the caps as guiding criteria, allowing higher values based on the specific case, reaffirming human dignity and judicial autonomy. Research Implications: Reinforces judicial autonomy and the protection of workers' personality rights. Contributes to understanding the relationship between infra-constitutional legislation and constitutional principles in Labor Law. Originality/Value: Offers a critical analysis of the judicial response to the limitation of full compensation, highlighting how constitutional interpretation preserved the effectiveness of rights protection and human dignity at work.

Revista de Gestão Social e AmbientalVol. 19(6)
Openalex Percentile: Top 83%
Labor Movements and Unions
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Has Full Reparation Died?: Moral Damage and Labor Reform — João Vítor Ladeira Chornobai, Silvana Souza Netto Mandalozzo · Revista de Gestão Social e Ambiental (2025) | TGRS Research Map | TGRS