The active legitimation for the labor public civil action execution / Legitimação ativa para a execução na ação civil pública trabalhista

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This essay aims to study the active legitimation for the labor public civil action execution and tries to demonstrate the importance of the collective legitimation in the accomplishment of the workers metaindividual rights, in order to turn swifter, more economical and more effective the labor process. It treats of those legitimated inventoried in the Public Civil Action Law and in the Consumer Defense Code, with special prominence of the Labor Public Attorney and the unions, considering that such legitimateds are the only ones that in fact act in the defense of the workers rights. For so, it presents initially some considerations regarding the ends of the right, especially of the labor right that, inside the historical evolution of the generations of fundamental rights, is the branch with more vocation to tutor the social rights. After, it treats the labor public civil action, under the conceptual aspect, as well as of its particularities in the labor process. Finally, it approaches the legitimation for the liquidation and for the execution in the labor public civil action. In that last topic, it establishes general notions regarding the institutes of the liquidation and execution in the labor public civil action. Finally, it specifically discourses on the legitimation of the Labor Public Attorney and of the unions, as collective legitimateds, to which the Federal Constitution of 1988 gave a series of attributions that turned them the main defenders of the workers metaindividual rights, as recognized by the doctrine and the national jurisprudence

ASSUNTO(S)

direito processual civil direito processual civil execução labor public civil action execution processo civil - brasil civil action legitimation ação civil pública trabalhista ação civil pública legitimação law

ACESSO AO ARTIGO

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