O servidor público estatutário e a nova ordem de competência da justiça do trabalho estabelecida pela emenda constitucional 45.

Abstract

The current reform of the Judiciary Power conferred greater proeminence to the Justice of the Work. Besides supplying some relative gaps to the ability for working conflicts, it contemplated Justice Worker with a vigorous institutional force, mainly when extending to it excessively the material ability. With effect, the Justice of the Work was attributed to it ability to judge others deals of diverse nature, strangers to its classic ability for the worker-patrimonial conflict. As it will be object of boarding in the present study - the previous constitutional text alluded the agreements individual and collective, between workers and used; with the Constitutional Emendation n°. 45/2004 do not associate more the material ability of the Justice of the Work between used and employer, but, yes, in the locution "work relation", which is more including and generic. In this way, with the recent legislation, not only the deriving conflicts of the employment relationships are of the ability of the Justice of the Work, but, also, the divergences that are born of any relations of work, such as the legaladministrative relation that binds the statutory public servers and the Public Administration. For in such a way it was used of proper methods of interpretation of the constitutional rules in comment, as of the historical evolution, of the maximum effectiveness of the constitutional rules among others. It was proven in elapsing of the research that exists great divergence on the part of the scholars concerning the reach of the term. Some certify that the writing approved in the Federal Senate excepted, of the ability of the Justice of the Work, the occupying servers of positions created by law, of effective provisions or in commission, enclosed the autarchies and public foundations of the related beings of the Federacy. It was pacified, in the jurisprudence, the agreement in the direction of that, always that the relation between the public agent and the federal Union, autarchy or public company will be decurrent of a work relation, the actions will have to be measured before the Justice of the Work. On the other hand, being the demand established in a relation conducted for the statute of the Public Server (Law 8,112/1991), competent it will be Federal Justice or still Common, in the case if serving state or municipal, being, therefore, uncosteded Justice that it enters the server and the Public Administration forms a relation of work in ample direction, even so of distinct legal nature of the contractual member of labor party, therefore to grant to the Justice of the Work ability to nullify decurrent conflicts of rights of statutory public servers, not prevailed for Consolidation of the Laws of the Work, would be to authenticate a retrocession politician of that if it comes implanting in the Judiciary Power in the last times in relation the specialization of judgments. In diverse positioning, other scholars strengthen that the expansion of the ability of the Justice of the Work depends on the factors politicians, materials and of the society in coexisting the new reality, being that the litigations that statutory public servers involve are not in same itself, incompatible or disliked, representing only one decision politics. Finally, he proved himself that they will be the superior Courts who will give the end point in the quarrel concerning the ability to judge the statutory public servers.