Minister Gilmar Mendes, rapporteur of the action, defended that a new interpretation of the provisions of the CLT be made
O stf (Federal Supreme Court) judged, by majority, partially valid 3 actions contrary to the limits imposed by the CLT (Consolidation of Labor Laws) to the amount of compensation for labor pain and suffering. The ministers understood that the values established by law should be used as a parameter, not as a limit.
The rapporteur for the actions, Minister Gilmar Mendes, defended that the questioned devices remain in the law, but that a new interpretation be made about them. Here’s the full of the minister’s vote (232 KB).
Gilmar was followed by Kássio Nunes Marques, Alexandre de Moraes, Dias Toffoli, Cármen Lúcia and Luiz Fux. The trial in the virtual plenary ended at 23:59 on Friday (Jun 24, 2023).
Minister Edson Fachin opened a divergence and was followed by Rosa Weber. In your vote (full102 KB), Fachin defended the full merits of the actions and that the questioned devices be declared unconstitutional and removed from the law.
The devices in question (223-A and 223-B) were inserted into the CLT by the Labor Reform (Law 13,467 of 2017). When establishing the compensation parameters, one of them classifies the offenses, based on the severity of the damage caused, into:
- light (up to 3 times the last salary);
- medium (up to 5 times);
- bass (up to 20 times);
- very serious (up to 50 times).
The representatives of Anamatra (National Association of Magistrates of Labor Justice), of the OAB (Brazilian Bar Association) and the CNTI (National Confederation of Workers in Industry), entities authoring the actions analyzed, defended that the contested devices violate the principle of isonomy, human dignity, non-discrimination, worker protection and compensation for accidents at work.
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