A (in) conveniência dos chamados danos extrapatrimoniais trabalhistas introduzidos pela lei 13.467/17

Abstract

The present work explains the law 13467/17 and the Provisional Measure 808/17, specifically in the articles that discipline the moral damages applied to Labor Law. It aims to draw a relationship between these articles and the science exposed, when mediating the purpose, the reach, legitimacy, possibility and consequences brought about by the new reformist approach which configures itself in a controversial and impugnative basis. Therefore it comes across the new position given to the institute of moral damages, with such a new labor conception, which has at least an alarming inexperience, in addition to what apparently promotes a forced and invasive re-signification of the very essence of Labor Law, away from the ideal of social justice. In view of this, the methodology used is characterized by descriptive and applied bibliographical research, associated to the dialectical method, starting from analyzes about the positions that were born from that novice controversial legislation, considering its contemporary character. Also allied with jurisprudential and doctrinal observations on the subject. In conclusion, qualitative work, the results achieved with the final analysis, confirmed the peculiar depreciation of the labor legislation, disciplining incoherent interpretations itself.