Direito fundamentais sociais e efetividade: as ações civis públicas na justiça do trabalho

Abstract

The importance of social rights, in the historic evolutionary process of human rights is unquestionable, because it seeks to concretize the postulate of human dignity from the imposition of duties on the State and the setting of limits that must be observed in private relations. In this universe of social rights integrated by the rights to education, to health, to food, to work, to housing, to leisure, to security, to social security, to the protection of maternity and childhood and by the right to assistance owed to the destitute the rights governing the relationship between capital and labor are of particular relevance, because the contract of employment is the main legal binding model between the working citizen and the user of his/her services. Through the individual work, subordinate, costly and non-stopping, the large majority of working citizens meet their basic vital needs, as well as those of their family members, away from that scenario, at least partially, the required role of the State, whose budgetary and managerial difficulties to meet other social fundamental rights takes on higher stage of notoriety. In addition to reviewing the development process of human rights that culminated in the recognition of social rights, it is necessary to examine the legal mechanisms used before the judiciary branch to obtain maximum effectiveness of this class of fundamental rights. In this context, particular attention should be given to the public civil action, which was inspired by the American model of "class actions", examining its main features, especially in comparison with the rules of the classic civil procedure, as well as the judicial treatment that has been given in the scope of the labor justice