A nova mordaça de Themis: a restrição indevida da jurisdição trabalhista imposta pela lei 13.467/2017

Abstract

This monograph focuses on the Brazilian Labor Court, and it has as a general objective the investigation of the tendency to dismantle it and to analyze specifically how the Labor Reform Law contributes to this by imposing restrictions on its cognition and by establishing precedents and jurisprudential statements. Therefore, a deductive methodology was chosen, starting from the theoretical framework, originated from the Philosophy of Law, for the specific application in the scope of the Procedural Law of Labor, and historical research into the operation regarding the institutionalization of the Labor Court and the development of arguments designed to weaken it. The development was divided into four parts: i) the first is intended to present the main theoretical framework, which is Ronald Dworkin's theory of law as integrity; ii) the second, to the analysis of the institutionalization of the Brazilian Labor Justice, to the current conformation, as well as the arguments that antagonize it; iii) the third, to the specific analysis of the argument that the Labor Court is overly activist; and iv) the fourth, to the reflection on the provisions of the Labor Reform Law that hidden the creation of precedents and overview by the Labor Court, and reducing the distance to their analysis, in examinations of the collective labor negotiations, to the essential elements of the business legal. Thus, the results indicate a tendency to reduce the interpretative activity of the labor judiciary and a significant limitation of the power of jurisprudential uniformity, which compromises legal certainty and effective social pacification of jurisdictional conflict.