Estudo de caso na decisão definitiva da ADI 3.395

Abstract

This paper proposes to critically analyze the final decision of the Federal Supreme Court (STF) in the Direct Unconstitutionality Action No. 3.395, proposed by the Association of Federal Judges - AJUFE, which removed from the jurisdiction of the Labor Court the assessment and trial of disputes arising from labor relations maintained between public servants and the organs and entities of public law. For this purpose, a brief analysis of the historical-constitutional context of labor jurisdiction, so that it is possible to understand evolution process of the Labour Court. The STF decided to suspend any interpretation given to item I of article 114 of the Federal Constitution, with the wording given by Constitutional Amendment 45/2004, which includes in the jurisdiction of the Labor Court the examination of causes brought between the Public Power and its servants, bound to it by a relationship of statutory order. We also point out the consequences of this removal, which deprived public servants of the protective and speedy system characteristic of the Labor Justice, the political bias that surrounds the issue.