O dano extrapatrimonial no Direito do Trabalho: uma análise sobre a inconstitucionalidade da Reforma Trabalhista

Abstract

The main concern analyzed on the current study is the unconstitutionality of the articles 223-A to 223-G of the Brazilian labor law, which regulates the extra patrimonial damage on labor law. The newest modifications of Brazilian labor law inserted by the government and the concerns brought under litigation involving the workers and the possibility of the application of the mentioned articles justifies this study. The article was built using the deductive and dialectic method combined with concepts of the civil law, starting with the historical evolution of the extra patrimonial damage and, then, approaching the controversies and unconstitutionalities of the norms inserted on the second title of the Brazilian labor law, which were introduced by the federal law number 13.467/2017. The current study is divided under three sections, on the first section it’s developed the introduction of the concept of civil responsibility, then, it’s presented the concept of the extra patrimonial damage under the labor law view, including the modifications brought by the recent law and, on the third section the article concludes debating the constitutionality or unconstitutionally of the extra patrimonial damage insertions brought by the recent law.