Poderes do relator no âmbito dos tribunais regionais trabalhistas

• Ano de defesa: 2019
• Autor(a) principal: Calcini, Ricardo Souza
• Orientador(a): Gitelman, Suely Ester
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Poderes do relator; Tribunais regionais trabalhistas; Processo civil - Leis e legislação - Brasil
• Palavras-chave em Inglês: Rapporteur powers; Regional Labor Courts; Civil procedure - Laws and legislation - Brazil
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/22447

Entitled “Rapporteur Powers in the Regional Labor Courts context”, the present study has dedicated itself to analyse the supplementary and subsidiary applicability of rules and institutes from the New Brazilian Code of Civil Procedure, from 2015, to Labor Law. Moreover, the special focus on labor was directed to the figure of the Rapporteur (appellate judges) in his or her institutional acting before the Regional Labor Courts. Besides all discussion regarding current gaps in the text from the Consolidation of Labor Laws (CLT, articles 769 and 889), by integrating with adjective procedural norms (CPC, article 15), the research is also concerned about the study of sensitive problems which are relevant to the ordinary labor process. Themes such as Requests for Clarification, Appeal against Court, Disregard of Legal Entity and Recovered Legal Fees were object of critical considerations, especially when analysed from the perspective of Second Instance Courts. The central matters related to the monocratic decisions uttered by the Rapporteurs, whether being terminative or on the merits (positive or negative), are highlighted in this work, as they represent the essence of all power granted to Judges who compose Regional Labor Courts. Based on the Theory of Precedent, the adoption of singular decisions authorized by the legislator is defended, as presented by the constant normative hypotheses from article 932 of NCPC. It is essential to emphasize that the collegiality principle, inherent to decisions proclaimed in a Court’s context, is not being denied; instead, the rule is that all trials occur in specialized sections, as exceptions are only legitimate if specifically regulated by the infra-constitutional legislation. This was reaffirmed in this work, from the study of stare decisis in Superior Courts of Justice, besides those originated from Regional Courts. Moreover, not less important, the controversy around the struggle named Defensive Jurisprudence in Courts was equally accentuated. The given reason for this highlight is that, after the new 2015 CPC, the instrumental aspect of the procedure needed to the realization of Substantive law was reinforced. Thereby, the view from the 1973 Code is rejected, removing the exaggerated severity in the imposition of impeditive filters to the own knowledge of resources directed to Courts. The primacy of trial on merits, indeed, should be the bigger objective to be achieved, as a means to seek pacification of social relations. To sum up, it is indispensable to clarify the effective Rapporteur powers, and that they are a requisite to the good and exact enforcement of jurisdictional acting in the context of Regional Labor Courts, on behalf of a results procedure, fair and democratic, that should be guided by reasonable duration