Repositório Colecção:http://repositorio.unirn.edu.br/jspui/handle/123456789/6252026-04-24T12:55:29Z2026-04-24T12:55:29ZA (In)constitucionalidade da tarifação do dano extratrimonial na reforma trabalhistahttp://repositorio.unirn.edu.br/jspui/handle/123456789/14822026-04-22T12:36:57Z2020-01-01T00:00:00ZTítulo: A (In)constitucionalidade da tarifação do dano extratrimonial na reforma trabalhista
Resumo: The main objective of this monograph was to analyze the off-balance sheet
tariff in Labor Law adopted by the Labor Reform (Law nº 13.467 / 2017) that
incorporated “Title II - A - Off-balance Sheet Damage” to CLT, with emphasis on the
analysis of its (in) constitutionality, more specifically in paragraph 1 of article 223-G,
which proposes that when the judge considers the request for indemnification of an
off-balance sheet order, it should set the indemnity value according to the ceiling of the
offended contractual salary . Thus, we sought to analyze how these values were
established with the advent of the respective law, what are the controversies regarding
the setting of the quantum debeatur, putting its constitutionality on the table. For the
construction of this academic work, qualitative bibliographic research was used as a
scientific methodology, using the deductive method from different authors in the field
of Civil Law, Constitutional Law and Labor Law, monographs, theses, websites, laws
and articles, aiming the expansion of knowledge on the subject, to ensure the
development of a reliable theoretical basis. Through this work, it was verified the
historical evolution of moral damage, the concepts, the species, the competence to
judge off-balance-sheet damages in the employment relationship, the parameters for
the establishment of the indemnity quantum and its constitutionality. It was observed
that many indoctrinators criticize the exacerbated speed that happened the Labor
Reform, which brought some institutes incompatible with the Federal Constitution.
Therefore, it is concluded that, although it was important a device that dealt with off
balance sheet damages in the Consolidation of Labor Laws, some innovations brought
by Law 13.467 / 2017, mainly that which deals with the charging of indemnities, violate
constitutional principles, such as the principle of isonomy and the dignity of the human
person, thus remaining unconstitutional, and its content should not prevail in the
Brazilian legal order, leaving the Supreme Federal Court, when judging the Direct
Actions of Unconstitutionality already existing regarding this article, to declare it
unconstitutional or interpret it in accordance with the Constitution.
Type: Trabalho de Conclusão de Curso2020-01-01T00:00:00ZA prescrição intercorrente nos créditos trabalhistas constituídos antes da vigência da lei 13.467/17 (reforma trabalhista)http://repositorio.unirn.edu.br/jspui/handle/123456789/11812025-11-28T17:35:19Z2019-01-01T00:00:00ZTítulo: A prescrição intercorrente nos créditos trabalhistas constituídos antes da vigência da lei 13.467/17 (reforma trabalhista)
Resumo: With the advent of the labor reform, the intercurrent prescriptive period (two years)
was positive for labor claims constituted by means of a judicial enforcement order.
On the contrary, prior to the enactment of the Law, in view of the principle of worker
protection, jurisprudential practice was based on the official impulse, restricting the
incidence of intercurrent prescription in labor claims constituted through actions of
knowledge of the competence of labor justice. In this way, the introduction of
intercurrent prescription led to the inevitable problem of workers' vulnerability, arising
from the need to debate - considering the principle of worker protection - and
evaluation of the effects of the modification of the labor reform in the scope of judicial
jurisdiction proceedings of labor justice, specifically the incidence of intercurrent
prescription in the labor claims constituted before the validity of the labor reform.
Within this context, the discussion about the Constitution arises as an instrument of
protection of the Society in the face of the State, as a means of verifying safe
parameters for the scope of determining the scope and effects of the legislation
arising from the labor reform. The importance of legal certainty for the incidence or
not of the intercurrent prescription in the labor credits in the face of the
principleological protection to the worker and the normative force of the Constitution,
observing a hermeneutic of a Guarantor character. In the presented context, the
present study will seek to answer if it would be possible to prevent the incidence of
intercurrent prescription in judicial proceedings of labor justice jurisdiction with credits
constituted before the validity of the labor reform, still in progress in the execution
phase, after the validity of the aforementioned reform.
Type: Trabalho de Conclusão de Curso2019-01-01T00:00:00Z