Controle de políticas públicas na justiça do trabalho.

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

14/03/2011

RESUMO

This dissertation is devoted to analyzing the control of public policies by the Labour Court having as a landmark legal guardianship of fundamental rights in the Federal Constitution of 1988 along with the analysis of the most controversial points raised in discussions about the competence of Labour Court and the ways of this control. The problems to be answered therefore are regarding the admissibility of administrative acts control and the reasons upon which the interference of the Judiciary is performed as well as on the competence of the Labour Court for consideration and adjudication of class actions that have desideratum for the implementation of the principle of the social value of work. The study runs through the arguments against judicial review of public policies and their critics with special emphasis on the theory of reserve for contingencies. As a corollary of the ideas held there is also discussion of suitable legal instruments to plead in court the implementation of public policies at the Labor Court and how the Public Ministry of Labor has worked for effectuation of these rights and interests. The most relevant item of research is in the chapter that sets out the assumptions of appropriateness of this control without claiming to be exhaustive or to list numerus clausus the matters that may be subject to examination and trial by the Labour Court. The methods used primarily were a literature search and document research.

ASSUNTO(S)

direito public policies neoconstitucionalism direitos fundamentais justiça do trabalho controle judicial competência políticas públicas competence labour court fundamental rights neoconstitucionalismo judiciary control

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