The Federal Supreme Court (STF) concluded this Saturday, 06/24, the judgment of Direct Actions of Unconstitutionality nº 5,870, 6,050, 6,069 and 6,082, which discussed the constitutionality of the parameters brought by the Labor Reform regarding regarding the valuation of non material damages.

The understanding that prevailed (8 to 2) was the vote of the Rapporteur, Minister Gilmar Mendes, for whom art. 223-G, caput and § 1 of the CLT must be observed by the judge as parameters for the reasoning of the judicial decision, being perfectly constitutional the setting of values higher than those brought in the referred article. “It is constitutional, however, the judicial arbitration of non material damages in amounts exceeding the maximum limits set forth in items I to IV of § 1 of art. 223-G, when considering the circumstances of the specific case and the principles of reasonableness, proportionality and equality.”, asserts the Rapporteur

Diverging, Ministers Edson Fachin and Rosa Weber voted for the unconstitutionality of the articles under discussion for violating the Principle of Isonomy.

Paragraph 1 of article 223-G of the CLT establishes that the judge, when upholding the claim for moral damages, will fix the indemnity according to the nature of the offense, stipulating up to 50 (fifty) times the last salary of the worker when the offense is of a very serious nature.