DANO EXTRAPATRIMONIAL NA TRAGÉDIA DA BARRAGEM DA COMPANHIA VALE S.A NO MUNICÍPIO DE BRUMADINHO NO ESTADO DE MINAS GERAIS E AS APLICAÇÕES DOS ART. 223 B E 223 G DA CLT

Abstract

This paper aims to analyze the (un) constitutionality of articles 223-B and 223-G of the Consolidation of Labor Laws with the changes introduced by the labor reform brought by law 13,467 / 2017. Being analyzed in six chapters analysis of important legal institutes and principle of Labor Law and Procedural Labor Law, as well as a quick analysis of the processing of Law 11.347 / 2017 and its consequences in the context of the tragedy of the breach of the dam of the company VALE SA in the municipality of Brumadinho. Being used dialectical and argumentative methods for the treatment of the theme. Being a subject in full analysis of the doctrine due to the short time between the approval of Law 11.347 / 2017 and the tragedy of Brumadinho. Since Article 223-B seeks to limit the legitimacy of claiming off-balance sheet damage by restricting it only to employees or employers who are victims of the damage, it leaves out victims indirectly affected by ricochet damage and does not address the issue of collective moral damage.Formerly Article 223-G, when determining the pricing of amounts for the repair of off-balance sheet damages suffered by the worker. Thus, the fundamental analysis of the constitutionality of the above mentioned articles is essential to verify who can postulate for the damage, as well as the quantum fixation and the value of the lives lost in the VALE dam tragedy.