O justo processo coletivo laboral

Abstract

The purpose of this dissertation is to unveil the doctrinarian and instrumental contours of what will henceforth be designated Fair Labor Collective Process, a very special field of the process dedicated to the resolution of meta-individual labor litigations. Our attention is focused on the protection which is given in favor of and not against the collectivity. The lack of specific provisions in the Consolidation of Labor Laws (CLT), regarding the protection of own homogeneous natural, collective and individual rights of the labor renders imperative the insertion of the Labor Process in the normative circuit of the collective relief, in the designated protection collective microsystem, composed, among other laws, by the Consumer Protection Code and by the Law of the Public-Interest Civil Action. The adjustment of the Labor Process in the collective environment shall be processed in light of a myriad of constitutional principles of the process and under the influence of the instrumental procedural paradigm. As of the identification of the main barriers which repel the worker from the Judiciary Branch, an attempt is made in order to demonstrate how the collective actions may contribute for the surmounting thereof and as such promote the growth and universalize the access to justice, the goal towards converge all the efforts of the contemporaneous judicial procedures. Once introduced its doctrinarian nuances, the analysis of its main doctrines is then made and the manner how it must be put day-to-day in practice, that is, how it will work. The crisis of effectiveness of the process of individual bases, particularly to the weakest party, i.e, the worker, stresses the importance of the due collective legal process of labor, instrumentally with a vocation to make the Capital x Labor conflict fair and conduct groups of workers at one time to a fair social and legal order.