Perspectivas e obstáculos quanto à aplicação subsidiária do incidente de resolução de demandas repetitivas ao processo do trabalho

Abstract

The excess of demands, overall the repetitive ones, led to an efficiency crisis in Judiciary that put at risk the fundamental rights’ effectivity. In order to struggle the crisis, the national legislator applied several changes on national procedural system, but none of these changes had most deeply changed than the Novo Código de Processo Civil’s approval. Among the new institutes, the new Resolution Incident of Repetitive Demands stands out, which purpose is to allow the bulk solution of repetitive actions in speedy and isonomic ways, by the judgment of law thesis sampling. Beyond the impacts on civil procedure itself, the new institute awakes the discussion about its affiliated application on work procedure. The major goal of this work is evaluating the perspectives brought by this institute and which hurdles its application will have on labor procedure. Therefore, it’s necessary to review the origins of incident on international law, its principles and operation on common law, and then, starting from a deductive reasoning, face the differences of work procedure law and answer the questions if the new incident will be compatible with the principles and goals of Specialized Justice and if would be the mean fit to maximize the efficiency and effectivity from labor adjucation.