Jornada externa, viabilidade e aplicação do artigo 62, inciso I nos dias atuais

• Autor(a) principal: Erberelli, Caio César Pivatto
• Data de Publicação: 2017
• 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/33523
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Jornada externa; Evolução tecnológica; Aplicação de usos e costumes; Requisitos doutrinários e jurisprudenciais; Justiça do Trabalho; Outer journey; Technological progress; Application of usage and practices; Doctrinal and jurisprudence requirements; Labor Court

The present paper aims at outlining a technical analysis on the rules in force in Brazil, by making a historical comparative of the applicable laws in each specific case, as well as analyzing its actual reach, nowadays, considering the technological progress, by checking its viabilities, limitations and appliance before the Judiciary and its efficiency before the customs and principles that guide Labor Law. To that effect, the wonts of the main professions covered by outer journey will be punctuated through an analysis of the actual work conditions of such activities and a comparative made between the specific laws and the technological progress, based on jurisprudence and doctrinal understanding. The referred subject deserves special attention and caution, since it leads to not only a huge number of judicial litigations, but also an enormous juridical insecurity to the ones who use such specific criteria to fixate the applied working hours. Such matter is extremely important these days, considering the problems the Judiciary, particularly the Labor Courts, have been facing with the deluge of labor lawsuits (currently, 3 million/year) daily filed before the old counter of the justice forums, now replaced by the electronic process of law (PJE). This issue has been examined by Professor José Pastore, in his article published on Correio Brasiliense, in June 19th of 2017: “For those who perform in the Brazilian Labor Court, the thousands of lawsuits filed every day are routine. Only in 2016, 3 million new disputes were registered, in addition to the ongoing ones from previous years, which added up to nearly 8 million lawsuits. With such volume, judges and public employees have an extenuating task, and the State spends around R$ 18 billion to maintain this branch of the Judiciary. The quoted paper, beyond emphasizing the humongous number of labor lawsuits currently being processed, points the amount of money spent by the Judiciary