A tarifação do dano moral na Justiça do Trabalho: uma análise da (in)constitucionalidade diante dos parâmetros fixados pela reforma trabalhista

This study aims to analyze, through the hypothetico-deductive method, the innovation of the labor reform on the rationale of moral damages. The objective is to verify if the art. 223-G, § 1, of the Brazilian Consolidation of Labor Laws (CLT) is constitutional, based on the analysis of its compliance or not with the equality principle, and the research hypothesis is that, besides being unconstitutional, it is unsatisfactory in repairing extra-patrimonial damage in labor practice. This article intends to answer if the art. 223-G, § 1, of the CLT is within the constitutional dictates, pointing out its practical consequences. To respond the problem it proposes, the development of the research will be divided into three sections: first an analysis will be made of the institute of moral damage and its application in the labor matters; the following section will present the wording of the articles introduced by the labor reform and the old text of Provisional Measure 808/2017; finally, the partial unconstitutionality of the moral damage compensation will be discussed.