O processo do trabalho e a execução provisória de acordo com a lei n 11.232/2005: rumo à efetividade do processo / Labor proceedings and provisional execution according to the law n 11.232/05: towards procedure effectiveness

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The purpose of this work is to analyze the proceedings of Labor Law execution under an instrumental view of a process that looks forward to satisfy its political, juridic and social goals, and propose changings on legislation and on the Superior Labor Court Jurisprudence, based on the new systematic of provisional execution brought by the Law n. 11.232/2005. The historical narratives related to Labor Justice origins in Brazil and to the moment in which this specialized institution became to execute its own decisions give us the elements we need to understand why, nowadays, we miss a system built, since its beginning, upon labor proceedings peculiarities. The labor procedure, sustained on the beams of general procedure theory, has autonomy as a dogmatic, once it has its own principles and specific objects and rules. Conscious of legal systems incompletion, in special in the matter of execution, the labor law legislator included positive commands (authorizations) that allow the admission of external rules in the system, as long as we can find omission and since theyre compatible with labor proceedings ideals. For this reason, its indispensable the analysis of the basis, purposes and ideologies of the main subsidiary rules applied to this branch of law. As an instrument os States jurisdictional activity, the process must be concerned about fastness and also keep untouched the commitment of serving the material rules, by guiding them towards effectiveness. The high levels of litigation and appeal generate a great and alarming increasing of judicial demands and find in the execution phase their Calvary. The labor execution procedures mission is to satisfy the creditor rights with fastness and effectiveness, specialy because of credits nourishing nature. In this point, the provisional execution, regulated by the Law n. 11.232/2005, its in harmony with the constitutional warranty of fastness that assures the procedure should last only for a reasonable amount of time. The effectiveness of this goal depends on jurisprudential evolution or legislation changings, in a way to allow expressly that provisional execution may go on beyond pledge, in order to become complete, and so to realize the labor instruments mission: the satisfaction of the material law for which it stands

ASSUNTO(S)

execucao ( direito ) -- brasil execution processo do trabalho justica do trabalho -- brasil labor proceedings provisional execution direito execução provisória

ACESSO AO ARTIGO

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