Dano extrapatrimonial na Reforma Trabalhista: argumentos (e dignidade humana) em disputa na ADI 5870.

Abstract

Based on the analysis that highlight the protagonism of the Supreme Court in labor issues, including the risk of deconstitutionalization of rights, as well the growth of disputes, by legitimate actors, around the court in this area, this article focuses on the theme of the extrapatrimonial damage, in its regulation by the Law 13.467 of 2017, presenting the specific purpose of analyzing the arguments in favor and against the ADI number 5870, filed on December, 18, 2017, by the association called ANAMATRA, which pleaded for the unconstitutionality of the provision, ADI which has not yet been judged. For this, the hypothetical-deductive method was used, confronting the new legislation with the reality of lack of protection induced by it, as well as analyzing the discussions brought by the amici curiae, which had been accepted to manifest themselves in the aforementioned ADI, in the light of doctrinal pieces. With the data obtained, the result reached is that there are strong arguments in the ADI and in the doctrine that reject the provision, what states its total lack of constitutionality, confirming the initial hypothesis that the arguments against the contested provision would be sufficient for the affirmation of the constitutional pact