Sentenças normativas estruturantes : a efetivação de direitos sociais a partir de um modelo diferenciado de jurisdição

• Autor(a) principal: Carpes, Ataliba Telles
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/9095
• topic: Sentença Normativa; Processo Estrutural; Direitos Sociais; Políticas Públicas; Efetividade; Normative Decision; Structural Reform; Social Rights; Public Policies; Effectiveness; CIENCIAS SOCIAIS APLICADAS::DIREITO

This work aims to identify the possibility of using the structural reform in the framework of normative decisions from the Labor Court. The structural reform institute has allegedly genesis in the north-american law, specially from the decisions on the “Brown v. Board of Education of Topeka” cas e, judged by the Suprem Court in 1954, which determined the adoption of several measures aiming to combat the racial segregation on the United States, under the argument of realizing constitutionally predicted values, damaged by the bureaucratic misconducts of huge institutions. The labor normative judgments are the result of a process called dissídio coletivo, which aims to establish rules to be followed by labor and trade unions, in case of the negotiations remain unsuccessful for the purpose of making a collective agreement. In this sense, the research demand to highlight the possibility of adopting certain specific measures in the context of normative labor judgments, in order to give effectiveness to the constitutionally provided rights that end up, directly or indirectly, touching labor relations. Therefore, it is necessary to comply with certain requirements, such as complexity, the reasonableness, the opening of a democratic space in the procedural debate, among others. This dissertation concludes by the possibility of adopting the techniques of the structural reform in the framework of labor normative judgments, provided that these requirements are observed and the specific case demands such necessity. For the accomplishment of the work, the hypothetical-deductive approach method was adopted, which allowed the identification of the contrapositions envolving the research problem, reaching a conclusion based on the initial hypothesis fixed. It was also used the procedure methods of historical, typological and functionalist; the method of systematic interpretation, given the management of all pertinent legal content present not only on the Constitution, but also on the Labor Laws, the Civil Procedure, jurisprudence, doctrine and others; and as for the object of research, it took place in the bibliographical and documental form.