Labor indemnities for moral damages may exceed CLT ceiling, decides STF – 06/26/2023 – Market

The STF (Federal Supreme Court) decided, in a judgment that took place last week, that compensation for moral damages at work may exceed the limit provided for in the CLT (Consolidation of Labor Laws).

Most ministers followed the understanding of the rapporteur of the action, Gilmar Mendes. According to him, the CLT’s criteria are guidelines to support judicial decisions related to these issues.

The minister, however, added that “judicial arbitration of damages in amounts exceeding the maximum limits” is constitutional, when “considering the circumstances of the specific case and the principles of reasonableness, proportionality and equality”.

Gilmar Mendes’ vote was followed by ministers Kassio Nunes Marques, Alexandre de Moraes, Dias Toffoli, Cármen Lúcia, Luiz Fux and Luís Roberto Barroso.

The actions were presented to the Supreme by the National Association of Labor Magistrates, the OAB and the National Confederation of Industry Workers, and questioned provisions inserted in the CLT by the 2017 labor reform.

These devices provide, for example, for offenses to the worker “of a very serious nature” up to 50 times the value of the maximum limit of the benefits of the General Social Security System. The amount can be doubled in case of recurrence.

Moral damage, for the CLT, is “an action or omission that offends the moral or existential sphere”

In his vote, Gilmar defended the constitutionality of the questioned devices, but stressed that the criteria are guidelines.

“Such criteria, in particular the salary reference value, cannot be used as a ‘ceiling’, it being possible that the magistrate, given the specifics of the concrete situation eventually, in a reasoned way, exceeds the quantitative limits foreseen”, he said.

Minister Edson Fachin disagreed and understood that the questioned devices should be considered unconstitutional. The president of the STF, Rosa Weber, followed the minister’s vote.

The actions were judged in the virtual plenary at the Supreme Court, a platform on which ministers cast their votes during a certain period of time. The session ended last Friday (23).