Nova competência da Justiça do Trabalho

Abstract

After the conclusion of the Judiciary Reform, through Constitutional Amendment 45, dated December 8, 2004, it is worth pointing out among other profound innovations, the significant expansion of the Labor Courts jurisdiction, with the new redaction given to Clause 114 of the Federal Constitution. For a Court of law until recently on the brink of extinction, the gains are extraordinarily high with the change, especially for those that will be able to, as of the new law, have their claims resolved quickly by a specialized judge, which is socially prepared and more sensitive to the specific traits of human labor, whether the citizen is self-employed, subordinate, or parasubordinate. Among the novelties, we highlight the jurisdiction to judge and process claims originating not only from an employment relation, but also, from a labor relation that undoubtedly gathers all types of human labor, that is, the labor provided by an individual, even those that have a subjacent consumption relation. The fading of the Normative Power and the new system of claims involving the right to go on strike are also high points of the new jurisdiction, and we should not forget claims involving union representations, claims of actions originating from the imposing of administrative penalties, of the new court injunctions, of habeas corpus, of habeas data, and of claims for moral and material damages originating from labor relations, including those that arise from labor accidents. A number of controversies persist, such as those that involve the criminal jurisdiction of the labor Courts and, additionally, claims in which parties are public servants. It is not the purpose of this scientific paper to exhaust the theme, an undertaking that is practically impossible at this moment. The scope is to shed some light on the subject, within a systematic vision of Procedural Law. With this intention, we departed from the adoption of a historical and evolutionary procedure, and systematically progressed through axiological, logical, deductive, hypothetical-deductive, and inductive methods attaining, with this, interesting conclusions. The results confirm our initial impression on the theme, including with regard to the main objective of the jurisdiction expansion, which is, to enable the effective application of the principle of reasonable duration of the proceedings, with the purpose of reducing the much contended slowness of the Courts of Law