STF decides that compensation for moral damages can exceed CLT ceiling

The Federal Supreme Court (STF) decided that compensation amounts for moral damages in labor lawsuits may exceed the limit established in the Consolidation of Labor Laws (CLT). The trial was held by the virtual plenary and ended on Friday night (23), with a score of eight votes in favor and two against.

The judged actions question provisions included in the CLT for the labor reform, promoted by former President Michel Temer (MDB) in 2017. The law defines moral damage as any “action or omission that offends the moral or existential sphere”, starting both from the company and the worker, and in the opposite situation.

When establishing the compensation parameters, the CLT classifies the offenses based on the severity of the damage caused in mild (up to three times the last salary), medium (up to five times), serious (up to 20 times) or very serious (up to 50 times) .

Representatives of the National Association of Labor Justice Magistrates (Anamatra), the Brazilian Bar Association (OAB) and the National Confederation of Workers in Industry (CNTI), entities that authored the actions analyzed, argued that the contested provisions violate the principle equality, human dignity, non-discrimination, worker protection and compensation for accidents at work.

For the rapporteur of the matter, Minister Gilmar Mendes, the values ​​provided for in the CLT table serve as “guiding criteria”, and not as a ceiling, for the Labor Court. He was followed by ministers Nunes Marques, Alexandre de Moraes, Dias Toffoli, Cármen Lúcia, Luiz Fux, Luís Roberto Barroso and André Mendonça. Justices Edson Fachin and Rosa Weber, President of the Court, voted against it.