THE DIGNITY OF THE EMPLOYEE AS A FACTOR FOR MEASURING MORAL DAMAGE IN THE SCOPE OF THE LABOR COURTS

Abstract

The labor reform promoted relevant changes in the way moral damage in labor relations is measured. Thus, this research aimed to investigate the impacts of the limitation of compensation for moral damage in the Labor Court imposed by the reform. The general objective was to understand why the measurement of moral damage in the workplace violates the dignity of the employee. To this end, the following specific objectives were established: to describe the importance of protecting the dignity of the employee; analyze the labor legislation in force and its application in cases of moral damage involving the dignity of the worker; and discuss the relevance of broad reparation for moral damage. The research adopted the deductive method, with a qualitative approach, being developed through bibliographic review and jurisprudential analysis. Initially, the concept of human dignity and its evolution in the context of labor relations was addressed, evidencing its centrality in the configuration of moral damage. Next, the practical application of the rules of the Labor Court in cases of offense to dignity was analyzed, especially after the reform, which introduced limits to compensation based on tariff criteria. Finally, the implications of civil liability for non-patrimonial damages and the need to ensure broad and proportional compensation were discussed. It is concluded that the legal pricing of moral damage reduces the value of human dignity, compromises the recognition of the worker's subjectivity and generates distortions by linking the amount of compensation to the salary, promoting inequalities and violating constitutional principles.