Autonomia dogmática do direito processual do trabalho

Abstract

The present thesis aims to demonstrate that the labor process is not only a meeting of special procedural rules, but rather an autonomous procedural branch, even in its approximation with civil process, it maintains some distance, in relation to this, given the peculiarities of social conflicts that only a special branch will be able to solve adequately. Labor procedural law came into existence due to the need for a specific process, with appropriate peculiarities, institutes, and principles to the protection of subordinate labor relations. In addition to systematic autonomy, at the current stage of normative and scientific development of labor procedural law the central question of the investigation is whether it can be considered a dogmatically autonomous area, separate from civil procedural law, because it is endowed with specific material principles and assessments. The value postulates of the legal system guide the notion of dogmatic autonomy that this research intends to demonstrate. To achieve the purpose of the thesis, labor procedural law was analyzed based on its fundamental institutes. The valuation of each procedural item was deepened, from the filing of the lawsuit to its execution, including the general theory of appeals, in order to demonstrate the existence of a specific theory of labor procedural law permeated by the principles that inform, support, and guide its interpretation. Based on this analysis, it was concluded that the existence of a specific process goes beyond special rules and jurisdiction, since the resolution of conflicts is guided by a hermeneutics that brings the parties in conflict closer together, which seeks to establish effective equality of arms, instrumentalized by an axiological assessment of the labor process, in the search for obtaining the fairest possible jurisdictional provision.