OAB asks STF to suspend extended damages in new labor law | Politics

Prior to the law, the amount claimed by the worker as compensation for non-pecuniary damage was not limited.

With the adoption of the law in 2017, it was defined that the amount requested can not reach the equivalent of 50 worker's wages, depending on the amount received during the last month of work.

In seeking the suspension of the law's article, the OAB argued that with the tragedy of Brumadinho (MG), many workers had to sue the courts for compensation.

About ten days ago, a dam of the Vale mining company collapsed in the city, carrying a torrent of mud in the area. Local authorities have already confirmed the death of 150 people. 182 others are still missing.

"From the angle of work, the family of a Vale engineer who died in the tragedy that has earned a salary of R $ 10,000 will theoretically potentially be 10 times higher than that of the same. a third-party worker receiving R $ 1,000, "says the new chairman of the OAB, Felipe Santa Cruz.

According to the entity, the new law reduced, in practice, the values ​​perceived by the low-income worker.

"The family of a tourist in the hostel could, in theory, have a higher compensation than that of Vale's employees," he illustrated.

According to the OAB, the rule provided for in the new Labor Law is unconstitutional and contrary to the consolidated case law of the Federal Supreme Court, because, according to the entity, it is up to the judges to determine freely the amount of compensation.

"The current regulations are very detrimental to the worker and do not summarize the constitutional obligation to make full reparation for the injury," says the petition.

Last week, Vale's president, Fabio Schvartsman, met with prosecutors in Brasilia and said his intention was to speed up, through out-of-court settlements, the process. Compensation for victims of the dam failure