A heterointegração dos subsistemas processuais civil e trabalhista: uma releitura do artigo 769 da CLT à luz do novo modelo principiológico constitucional de processo.

Abstract

A This scientific research has by scope analyze the innovations of Civil Procedure and its reflexes in labor, considering the normative aspects of these procedural subsystems. Such task if will give tracing a temporal comparative between the onset of labor legislation and the advent of recent reforms civilists to demonstrate gaps in legislation celetistas. Thereby, we it is proposed a new interpretation of Article 769 of the Consolidation of Labour Laws that permits the hetero-integratin these systems, aiming to fill the gaps ontological and axiological labor legislation, seeking assign, to the Labour Court, means of ensuring celerity procedural, ensuring the worker effective access justice and the attendance to the guiding principles of law, in particularly the principle of reasonable duration of proceedings brought about by Constitutional Amendment No. 45/2004, however, will also be explained the limitations of this new interpretation and its applicability the current legal framework. For realization this study are employed the methods deductive and dialectical to the approach subject, with emphasis to forms of law enforcement, the evolution of social relationships and the legal hermeneutics starting from the general rules converging to and specific points, the exegeticallegal method and the comparativ like procedure methods, seeking real intention of the legislature in drafting the law, and yet, the historical method, for analysis and conceptual formation of the theme in the course of evolution of procedural law, assessing the problems encountered by interpreter applicator front of the legal overview current and how research techniques are used the bibliographic and the documentation indirect in the study of legislation, doctrine, articles, books and case law to better design on the subject. At the end, is observed that the migration of common procedural devices for the work process is way to renew the celetistas legislation and to ensure the parts that makes up the labor lides have a process soon and effectively obeying the labor dictates and constitutional, moreover, is left confirmed the convergence of legal understanding, even that timidly, for the permission of hetero-integratin the procedural systems non-criminal.