Reflexões sobre a transmissibilidade do dano moral à luz da Lei 13.467/2017

Abstract

Considering that legal compensation for moral damages arising out of unlawful or abusive acts in the context of laboral relationships is a important mean by which the dignity of the offended worker can be restored, at least in part, a detailed study of the transmissibility of the financial right to the heirs, represented by the estate. Therefore, the present study has as object of study the particularities of the (in) transmissibility of the obligation to repair the extrapatrimonial damage, perpetrated through the literary revision of the three currents that are concerned with the institute. To this end, a brief consideration was initially made on general aspects of civil liability. The following part is an analysis of the legal-constitutional basis of moral damage, which is presented in its various aspects. Afterwards, the discussion is centered on the main object of this paper, that is whether or not the right to reparation for moral damages is transmitted to the successors of the offended worker, through the detailed study of the three main currents that analyzed the subject, in order to conclude that the thesis of the Unconditional Transmissibility is the most appropriate and abiding to the brazilian legal order, because of its logical and integrative coherence. Finally, the possible deleterious repercussions arising from Law 13.467/2017 were speculated, given its importance, especially in what concerns the content of the new Article 223-B of the CLT, which has an apparent unconstitucional bias, that gives a new legal treatment around the exclusivity of legitimation for the filing of actions seeking moral damage repair, and seems to lead to the conclusion that the transfering of the reparation by moral damages to the successors of the offended worker is terminated,