THE LABOR COURT'S JURISDICTION REGARDING MORAL DAMAGES: FROM THE LEGACY OF WALMIR OLIVEIRA DA COSTA TO THE LIMITS OF THE SUPREME FEDERAL COURT

Abstract

The right to compensation for moral damages is grounded in Article 5, items V and X, of the 1988 Constitution, which guarantees the inviolability of intimacy, honor, and image. This consolidation of moral damages in the Brazilian legal landscape, supported by the 1988 Constitution, transformed labor disputes, which were previously focused almost exclusively on severance payments. In this context, Constitutional Amendment No. 45/2004 emerges as a watershed, by expressly granting the Labor Courts jurisdiction to adjudicate claims for compensation for moral or material damages arising from the employment relationship. The inviolability of intimacy, honor, and image became the central pillar for claims that seek not only material reparation, but also compensation for non-economic harm suffered in the workplace. This article discusses the jurisdiction of the Labor Courts with the expansion brought by Constitutional Amendment No. 45/2004, together with the interpretation advocated by Walmir Oliveira da Costa, confirming its coherence with more recent decisions of the Supreme Federal Court that, in practice, remove these cases from the jurisdiction of the Labor Courts. It is concluded that when the damage arises from work performed by one person for another, it makes sense for the analysis to remain with the specialized courts, even to ensure a judgment that is minimally adequate to the reality of the worker.