The incompatibility of the pricing of the indemnity for extrapatrimonial laboral damage to the light of human rights and fundamental rights

Abstract

The present study looks at the Labor Reform, in the point where it introduced, in the Consolidation of Labor Laws, a prior and abstract tariff system of compensable amounts of extra-patrimonial damages based on the worker's contractual salary. From the analysis of the axiological-normative constitutional guideline of the protection of the human person, of the centrality of fundamental and social rights, of the social value of work, of the constitutional principle of isonomy and the “unrestricted indemnity” of moral damage (extra-patrimonial) provided for in article 5, items V and X, of the Constitution of the Republic, at the end it is concluded that the pricing of extra-patrimonial damage in the labor sphere presents serious material flaw of unconstitutionality and is contrary to several international human rights treaties of which it does the Brazilian State.