SOLANO, I. M.; http://lattes.cnpq.br/7220069362337064; SOLANO, Iana Melo.
Resumo:
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.