A formação dos precedentes judiciais vinculantes no incidente de recursos de revista repetitivos

• Autor(a) principal: Amaral, Felipe Marinho
• Data de Publicação: 2024
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41266
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Processo do trabalho; Precedentes vinculantes; Recurso de revista repetitivo; Formação de precedentes vinculantes; Labor process; Binding precedents; Repetitive appeals; Formation of binding precedents

The main objective of this academic work is to analyze the formation of binding judicial precedents in the incident of repetitive search appeals. To this end, it is necessary to study the general theory of judicial precedents, starting from the premise of the possibility of adopting binding precedents in the Brazilian legal system. In this sense, it is imperative to analyze the compatibility of theory instruments such as the Federal Constitution and the principles and guarantees. It cannot be forgotten that the labor process, currently, within a neoconstitutional context, is interpreted based on the constitutional text, so that all procedures that involve the formation of judicial precedents require an interpretation permitted by the Constitution. Thus, we intend to discuss the historical vision of the civil law and common law traditions regarding the topic, demonstrating that there are no visible differences in relation to judicial precedents, as previously argued. It is true that the cultural differences that define legal systems must be considered, since theories and procedures cannot be imported from other systems without the necessary adaptations. In this line of understanding, after dealing with the general theory, as well as its constitutional analysis, the application in the labor process will be verified, addressing the procedures and importance of adopting an integral, coherent and stable system. In this context, the resource, which has the main function of standardizing the understanding of labor legislation at the federal level, will be the object of study, from historical issues to jurisprudential understandings. In this particular, the point of the research revolves around the technique of judging repetitive resources. With the advent of Law no. 13.015/2014, as well as the Code of Civil Procedure, approximately one year later, a microsystem of binding precedents was established in the labor process, in which this method of judging the review appeal has relevant importance. This procedure, not yet expected to be used by the Superior Labor Court, is central to the application of judicial precedents in the labor process, since the understanding adopted must be respected throughout the labor judicial system and, indirectly, in labor relations in general. For this reason, it is necessary to make its use compatible with the general theory of judicial precedents, under penalty of unconstitutionality in its adoption. In this way, based on the premises established regarding the theory of judicial precedents in the Brazilian legal system, aspects of mandatory observance during the trial will be demonstrated, involving everything from the request for processing the trial of the review appeal as repetitive, criteria for admission, competence , legitimacy, procedure, democratic participation, up to the form of judgment and exposure of the relevant grounds used by the Superior Labor Court