By Thatiany Silva, Fabiana Aparecida da Silva, Ronny Mendes

The rupture of the tailings dam in Brumadinho (MG) reignited the discussion on the limitation of moral damages introduced by Law No. 13,467/2017 (Labor Reform), more precisely by articles 223-A to 223-G, and will be addressed in the Supreme Federal Court through Direct Actions of Unconstitutionality, No. 5,870, 6,069 and 6,082, filed by the National Association of Labor Court Magistrates (Anamatra), OAB and, recently, by the National Confederation of Industrial Workers (CNTI).

The Direct Actions of Unconstitutionality question the limits on compensation for moral damages resulting from the employment relationship provided for in the labor reform, which establish a ceiling of 50 times the employee's salary if the company is ordered to pay compensation.

For the OAB, the rules are harmful to the worker because they violate the principle of full reparation for damages, the dignity of the human person, the independence of judges from the perspective of free conviction and the principles of equality.

The violation of the principle of equality is more evident in the case of Brumadinho, where among the victims are employees of the mining company, who will take legal action in the Labor Court and will be subject to the limitations of the new law, and those who do not have an employment relationship with Vale, who will take legal action in the Common Court and will receive compensation without observing any compensation ceiling.

It is important to note that the Supreme Federal Court has already taken a position regarding the impossibility of charging moral damages, as analyzed in the Press Law. ADIs No. 5,870, 6,069 and 6,082 will be reported by Justice Gilmar Mendes.