Moral damages in Brazilian labor cases: when compensation applies, amounts and what the STF decided about the CLT table

Moral damages in labor cases are harm to the worker's honor, image, privacy, health or dignity caused by the employer. Since 2017, the CLT has included a table of amounts by seriousness (art. 223-G — the CLT is Brazil's Consolidated Labor Laws), but in 2023 the Federal Supreme Court (STF) ruled that these limits are only guidelines: the judge may set higher amounts when the case requires.

Quick summary

• Basis: CLT, arts. 223-A to 223-G; Constitution, art. 5, V and X.
• Table in art. 223-G: minor up to 3x, moderate up to 5x, serious up to 20x and very serious up to 50x the last contractual salary.
• STF (2023): the table amounts are guidelines, not an absolute cap.
• Examples: moral and sexual harassment, accidents with lasting injury, strip searches, discriminatory dismissal, repeated late wages with proven harm.
• Evidence: depends on the case; in serious situations, harm may be presumed.

Situations that often lead to compensation

• Workplace bullying and sexual harassment.
• Work accidents and occupational disease where the employer is at fault.
• Strip or humiliating searches.
• Discriminatory dismissal.
• A false accusation of crime, such as theft, to justify dismissal for cause.
• Degrading conditions, such as no bathroom or drinking water.

How the amount is set

The judge considers, among other factors (art. 223-G):

1. The nature of the protected interest harmed.
2. The intensity of the suffering.
3. The duration of the effects.
4. The parties' economic situation.
5. The degree of fault and whether there was an effort to minimize the harm.

How to prove it

1. Gather messages, emails, photos and videos.
2. Name witnesses.
3. Keep medical and psychological reports.
4. Record the timeline of events — see Evidence in a labor case.

Frequently asked questions

Is there a fixed amount for moral damages?

No. The CLT table serves as a guideline, and the amount depends on the circumstances.

Do late wages automatically lead to moral damages?

Not necessarily. Repeated, prolonged lateness with proven harm is usually recognized.

Read more in this series

• Workplace bullying
• Sexual harassment at work
• Discriminatory dismissal
• Evidence in a labor case
• Index: complete guide to labor rights