Abuso no direito de recorrer

• Autor(a) principal: Sícoli, Juliana
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34581
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Princípios; Partes; Lealdade; Má-fé; Abuso; Direito; Recorrer; Litigantes; Processo e eficácia; Principles; Parties; Loyalty; Bad faith; Abuse; Right; Appeal; Litigating; Process; Effectiveness

The goal of this study is to make an analysis of the labor litigation system at the moment in which the litigating parties come into court to resolve a dispute. Positivized limits avoid excessive abuse or illegalities in the exercise of the judiciary function to eliminate these disputes, by searching for legal security with a truthful application of the law, of the rights, the principles, and the respect for the pursuit of Justice. The labor suit is an important and serious instrument that requires plenty of ethical content to assure its effectiveness and safety. Not permitting that the judiciary machine be provoked by dishonest people, ill intentioned, and of bad faith, who seeks obtaining unduly advantages or that wishes to undermine or cause harm to others. Hence, the premises of legality as well as the procedural principles that regulate that instrument must be respected with loyalty by the parties. With that said, it was evidenced that the rules of legal proceedings are reassured, positivized, and pacified in our Courts of Law. Therefore, the effectiveness that these resources may bring to labor proceedings, serves also as a warning to all the judiciary system to punish these litigating, ill-intentioned that abuse the right to appeal, imposing to them: sanctions, fines and other penalties, by considering them litigating of bad faith, with the purpose of assuring the compliance and the progress of the legal system