Brazilians judicial labor procedure is ineffective. It often doesnt realize the complainants rights (at least, not entirely), and when it does, it takes so much time and causes so many privations to the complainant, that much of its utility is lost. This is due to the way in which the system is read by its operators, in a conservative and restrictive way, which still takes into account only the text of the law and ignores the values and principles that inform the system. This leads to the non achievement of the fundamental rights of the workers and the denial of access to justice. Thus, this study is an attempt of insurgency against the way in which the labor procedure law is applied and against the logic of our legal system, a perverse logic, which seems to always favor the debtor and discourage the compliance of the labor law. Our goal is to look for new ways to apply the procedural technique, in order to extract better results from the system, which is especially necessary regarding labor procedure law, because of the nature and importance of the rights that it protects - fundamental rights, thus defined by the Constitution. This is, in fact, an important subject in our study: the demonstration of the fundamentality of the labor rights, in the hope that, once recognized like that, they will be respected, as occurs with the rights recognized as fundamental. The fundamentality of the labor rights and of the right to access the justice (which we designate as the fundamental right to effective judicial protection - subject that also received special emphasis, as well as the vision of the process as a public service provided by the State, as well as its meaning and consequences) generate the necessity of a rapid and effective judicial process, one that, in a short time, offers the employee the full restoration of his violated labor rights. Thats what we tried to build, analyzing institutes such as the provisory injunction, the definitive and provisory execution, the abuse in the use of the process and many more, trying to present new ways to read them and use them, in order to increase the effectiveness of the process. What we tried to show, finally, was how a new vision of the procedural law generates a different application of its institutes, one that fulfills its objectives and protects the worker. What we tried, in other words, was to see how the judicial labor process can help the effectiveness of the labor law, whose restoration is the reason of the judicial system and an obligation of the State. / Brazilians judicial labor procedure is ineffective. It often doesnt realize the complainants rights (at least, not entirely), and when it does, it takes so much time and causes so many privations to the complainant, that much of its utility is lost. This is due to the way in which the system is read by its operators, in a conservative and restrictive way, which still takes into account only the text of the law and ignores the values and principles that inform the system. This leads to the non achievement of the fundamental rights of the workers and the denial of access to justice. Thus, this study is an attempt of insurgency against the way in which the labor procedure law is applied and against the logic of our legal system, a perverse logic, which seems to always favor the debtor and discourage the compliance of the labor law. Our goal is to look for new ways to apply the procedural technique, in order to extract better results from the system, which is especially necessary regarding labor procedure law, because of the nature and importance of the rights that it protects - fundamental rights, thus defined by the Constitution. This is, in fact, an important subject in our study: the demonstration of the fundamentality of the labor rights, in the hope that, once recognized like that, they will be respected, as occurs with the rights recognized as fundamental. The fundamentality of the labor rights and of the right to access the justice (which we designate as the fundamental right to effective judicial protection - subject that also received special emphasis, as well as the vision of the process as a public service provided by the State, as well as its meaning and consequences) generate the necessity of a rapid and effective judicial process, one that, in a short time, offers the employee the full restoration of his violated labor rights. Thats what we tried to build, analyzing institutes such as the provisory injunction, the definitive and provisory execution, the abuse in the use of the process and many more, trying to present new ways to read them and use them, in order to increase the effectiveness of the process. What we tried to show, finally, was how a new vision of the procedural law generates a different application of its institutes, one that fulfills its objectives and protects the worker. What we tried, in other words, was to see how the judicial labor process can help the effectiveness of the labor law, whose restoration is the reason of the judicial system and an obligation of the State.
| Identifer | oai:union.ndltd.org:usp.br/oai:teses.usp.br:tde-15032012-104521 |
| Date | 23 June 2008 |
| Creators | Cunha, Rodrigo Giostri da |
| Contributors | Maior, Jorge Luiz Souto |
| Publisher | Biblioteca Digitais de Teses e Dissertações da USP |
| Source Sets | Universidade de São Paulo |
| Language | Portuguese |
| Detected Language | English |
| Type | Dissertação de Mestrado |
| Format | application/pdf |
| Rights | Liberar o conteúdo para acesso público. |
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