The judgment dealt with the legality of provisions of the 2017 labor reform after actions filed by the OAB, Anamatra and CNTI
O stf (Federal Supreme Court) decided that the ceiling for compensation for moral damages may exceed the limits defined by the CLT (Consolidation of Labor Laws). The issue was defined in a virtual trial that ended on Friday (June 23, 2023).
According to the vote of Justice Gilmar Mendes, rapporteur of the issue, the limits established by the CLT should serve as a parameter in labor decisions, and do not exclude the right to compensation for moral damages under the terms of civil legislation, according to the analysis on a case-by-case basis. The understanding was followed by 8 votes to 2.
The judgment dealt with the legality of provisions of the 2017 labor reform, which stipulated amounts for compensation of workers for moral damages.
The issue reached the Supreme Court through actions filed by the Anamatra (Association of Labor Justice Magistrates), the OAB (Brazilian Bar Association) and the CNTI (National Confederation of Workers in Industry).
The entities stated that the setting of amounts for payment of off-balance sheet damages is unconstitutional and causes damage to workers.
The amendments to the CLT established that compensation will be up to 3 times the last contractual salary of the victim in cases of minor offenses.
For offenses of a medium nature, the amount can be up to 5 times the last salary. If the moral damage is of a serious nature, the worker can receive up to 20 times. Compensation may reach 50 times the salary amount if the offense is of a very serious nature.
With information from Agência Brasil
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