CPC de 2015 e o processo do trabalho: preenchimento das barreiras normativas, ontológicas e axiológicas para efetivação da execução trabalhista.

Abstract

This work deals with overcoming barriers regulatory, ontological and axiological to the harmonized application of Law number 13.105/2015 to the labor execution process. It‟s known that this Law innovated the dealings of matter, devoting a separate chapter to the settlement of disputes. The point of the question here discussed is to proceed to analysis of main changes occurred on the executory phase and its applicability on labor process, without divorce of overcoming the gaps and the principles relating to labor field. Firstly, we analyze the interpretative dialogue among the articles 15 from CPNC and 769 from LLC, discussing about the controversy around the possible revocation. Next, talks up on the stage of compliance with labor sentence and the Civil Procedure New Code, vising to expose the main changes of this new diploma relating it to the compliance enforcement of obligations to pay and the new treatment given to fraudsters‟ execution, presenting the appropriate penalties and its compatibility with labor law. In the end, we discuss about attachment of assets and the new regulation given the matter by the new procedural law, presenting the principal innovations, as well as the ways of defense possible to the executed. The objective consists in get deeper on the study about the Civil Procedure New Code, focusing on the main changes occurred and its applicability to the labor executive phase, which has been target of critics by the jurists, front of its practical ineffectiveness. In this study, we used the historical method and the bibliographical research realized in books, laws, jurisprudence and the web, with qualitative approach. Then, we expose coercive ways to avoid the debtor to satisfy the obligations to pay, to make and not make, whether judicial or extrajudicial enforcement, as well as the appropriate penalties for the breach of the measure