COLLECTIVE MORAL DAMAGE AND EXTRAPATRIMONIAL DAMAGE IN THE FRAMEWORK OF LABOR LAW: UNCERTAINTIES IN THE COLLECTIVE WORKER'S GUARANTEE

The present study aims to analyze the extent to which the legal regumentation on labor damages, promoted by Law no. 13,467 of July 13, 2017 (Labor Reform), subsequently modified by Provisional Measure no. 808, dated November 14, 2017, results in uncertainties in the collective protection of the worker, specifically regarding collective moral damages. To do so, the research begins by analyzing the merits of collective moral damage before the Labor Court, verifying the concept and legal characteristics of the institute, as well as the relevance of the collective labor protection instrument. Next, a study is carried out on the legal changes brought about by the Labor Reform regarding the off-balance-sheet damage. Finally, legal uncertainties, both of a material and procedural nature, arising from the significant legislative change are listed. We used the methodology of inductive bibliographic research, based on the specialized doctrine on the subject.