O dano existencial no direito do trabalho e os limites impostos pela inserção do ART. 223-G da CLT

Abstract

In the present study, concepts of moral damage were analyzed, especially regarding existential damage. And, in order to facilitate the understanding of such, which rights are associated, their characterizing elements, and the insertion of art. 223-G of the CLT, through changes in the labor reform. Mainly, it is intended to elucidate the constitutional rights offended when moral damage is characterized and the paradigms faced by law scholars and enforcers. It should be noted that one of the difficulties imposed by the parameterization of off-balance sheet damages is the effective and specific reparation to the specific case, which after the Labor Reform, Law No. 13.267 / 2017, remained limited, and perhaps ineffective. Using, for this analysis, the deductive method with investigation of the doctrine and jurisprudence.