O princípio da motivação e sua aplicação ao processo do trabalho: uma análise sobre a aplicação do art. 489 do novo CPC ao processo trabalhista

Abstract

The purpose of this research is to reflect on the innovations of the new Brazilian Civil Procedure Code and its impacts on the Brazilian Labor Court, specifically, the art.489 which brought significant changes, as regards to the basis of judicial decisions. It shows, upon an analysis in the light of the inherited principles to Labor process and the Brazilian Federal Constitution in order to seek a fair process that assures the legal rights and constitutional guarantees. For this purpose, it analyzes the evolution of the principle of motivation, the main consequences of its disregards, the context of fixing the labor process fundamentals, as well as the norms stamped in the new Brazilian Civil Procedure Code. Moreover, it establishes a comprehension around the labor practice dynamic, indicating its peculiarities and the existence of personal principles. Finally, it discloses a critical analysis about the viability of the new Brazilian Civil procedure code‟s art.489 application, in the face of the labor process structural reality and its specificities. To this end, it will be utilized the weighting method to solve the need to apply the motivation principle, aiming a higher judicial decision legitimacy, and on the other hand the celerity principle, this being a fundamental one in the labor process. The objective is to make the new legal degree real chances of contributing to the enhancement of the national procedure system clear and to give tangible reality to the constitutional procedure model.