Moral damage in ricochet in labor court

Abstract

The present work aims to analyze the requirements for the incidence of moral damage in ricochet with a focus on the Labor Court. It is necessary to analyze the types of damages subject to compensation, namely: material or property damage and non-pecuniary or non-pecuniary damage. The first is the one that causes a reduction in your patrimonial sphere and the second covers damages caused to the person and not to your assets, therefore existential damages are included in extra-patrimonial damages. Ricochet moral damage occurs when this damage, understood as direct, is suffered by the worker, but the indirect effects have repercussions on their family, for example, who also suffer from the damage to the personality rights of the injured party with whom they have affinity ties. The Judiciary cannot depart from the analysis of threats and harm to the Law as established by the Magna Carta.  Now, for its analysis, the State judge must compare the demand with the principles of reasonableness, proportionality and equality.