Aplicação subsidiária da LEI 11.232/2005 (cumprimento da sentença) ao processo judiciário do trabalho.

Abstract

The Work Processual Right find in the present days in the extreme condiction accomodation. Few were the changes promoted in the Consolidation of the Labour Laws as a concerned laboral process. That so accomodation is that tha civil process passed to be themore celebrated and strength in the executive tutelage instalment of the title judicials. Example of this is the deep reforms because passed the civil process in the last years. This work focus the new procedure compliment of civil sentence, introduced in the Civil Process Code by law n.11.232/2005, and the application possibility subsidiary norms of the new institute to the procedure of the sentence execution in the process of work. The aim of this study is to research about review criterion of subsidiary application of the norms common process in the process of work, so that traditional criterion of comparison subsidiary norms application common to the process of work set as conditional therefore the omission of labour legislation ,as well as the compatibility of the civil norm with the principles of laboral process. In this context.due to exist regularization own in the labour legislation,that turned away the omission criteria, the present reality socio-economic and the complexity of the social relations require a concrete and strength answer of Judicial Power , so that to minimize the slowness problem of execution labour, according to the alimentary character of the labour item persecute.The methodology of the research is based in the bibliographyc method to the study of interpretation criteria of the legal normand of the simultaneous application of these methods,such as the legal method allied the researches realized in the data forms and in the jurisprudence of the tribunals of work. The methodology utilized allow that the work divided into three chapters: The first treat of the definition and historic evolution of the execution, with detach to the evolution civil process. The second dispose about the possibility and the necessity of the application of new procedure of compliment of the civil sentence in the labour process. In the third the research shows the practice cases in that gadgets law 11.232/2005 ever are being applicated labour execution.The work conclude that there is a considerable adhesion of the doutrine and jurisprudence, in the same way that the subsidiary process of new institute execution labour and suggest that the right appied adopt a posture more progressive so that, discharge of the old dogma and costume relationship the interpretation and norm application.