Immunity of jurisdiction and of enforcement of foreign entities governed by public law and its repercussion in the labor procedure / Imunidade de jurisdição e de execução de entes de direito público externo e sua repercussão no processo do trabalho

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

This present work has the purpose of developing a study on the immunity of jurisdiction and of enforcement of foreign public entity that hires Brazilian workers. Its analysis passes through the perception of a new international dynamic that places the state sovereignty, previously seen as unlimited, as something relative, which ends up propitiating the understanding that the immunity of jurisdiction is a value that may suffer limitations. The facts that triggered the relativization of this immunity serve to understand the gradual adaptation of its regulation to the characteristics of the international public law, upon the division of the acts practiced by the States into acts of government and acts of management. Having relativized the immunity in the procedures instruction phase, thesis already appeased both in Brazil and in the majority of the countries of the international community, the challenge is to mitigate the immunity in the enforcement of the judgment decision phase, which continues generating polemics, maintaining almost absolute. This situation shows to be inefficient for solution of the majority of labor-related conflicts between domestic employees and foreign entities governed by public law, whether due to the difficulty in finding goods from the foreign State possible of being expatriated, whether due to the lack of execution of this procedure through the diplomatic means. We will thus seek to propose new guidelines to make effective the final verdict in labor lawsuits filed by national persons against foreign entities governed by public law, based on the fact that work is a constitutionally ensured human value in our country, to be observed inclusively by a foreign State, without this harming its sovereignty

ASSUNTO(S)

processo do trabalho direito do trabalho immunity of jurisdiction direito internacional publico privilegios e imunidades imunidade de execução imunidade dos estados estrangeiros labor law and procedure immunity of enforcement imunidade de jurisdição foreign entity governed by public law entes de direito público externo

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