Os reflexos da reforma trabalhista na responsabilidade civil do empregador: a flexibilização das normas trabalhistas e seus efeitos na responsabilidade civil do empregador

Abstract

This article aims to discuss the main effects of the Labor Reform, established by Law No. 13.467/2017, on the configuration of employer civil liability. The flexibilization of labor rules introduced significant changes to the legal framework governing compensation for moral, material, and existential damages, directly impacting the effectiveness of worker protection. This bibliographic and qualitative research is based on legal doctrine and case law to examine the civil liability models in force prior to the reform and the transformations introduced by the new legislative framework. It also analyzes the Judiciary’s stance in the face of these legal innovations, highlighting the reduction of compensation parameters and the limitation of full reparation. The results show that, although the reform was justified by the need for modernization and balance in labor relations, its practical effects reveal a weakening of the worker’s legal protection and a shift of economic risk onto the most vulnerable party. The study concludes by emphasizing the need for critical review and legislative improvement in order to reestablish the balance between economic efficiency and social justice.