Direitos da personalidade e o dano extrapatrimonial nas relações de emprego

Abstract

The aim of this study is to look at personality rights and moral damage related to employment, highlighting their main characteristics, occurrences and relevance within labor law. With the evolution of society, human dignity has taken on greater importance in the world, and forms the basis of the Democratic Rule of Law in Brazil. From human dignity, arose the personality rights that are set out in the Federal Constitution of 1988, in the Civil Code, and recently in the Consolidation of Labor Laws. They hold great importance in the field of labor law, since the employment relationship involves the employee, a human with personality rights, which don’t cease to exist in this relationship. Therefore, the employer has the duty to respect them and cannot violate them, even if they are compliant with their executive and supervising powers. If the personality rights of the employee are infringed then moral or non-pecuniary damage will be caused, with the offended party able to seek compensation in a court of Law. With the Labor Reform (Law 13.467/2017) section IIA was created that is focused exclusively on non-pecuniary damages in employment law. Therefore, these new legal provisions should be observed, albeit with care, as some of these provisions clearly violate constitutional principles