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
- João Vítor Ladeira Chornobai
- Silvana Souza Netto Mandalozzo
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