Banca de QUALIFICAÇÃO: SILVERIO DE SOUZA NORONHA NETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : SILVERIO DE SOUZA NORONHA NETO
DATA : 26/06/2019
HORA: 16:00
LOCAL: Sala G4 do Setor II
TÍTULO:

THE CONSISTENCY OF JUDICIAL DELIBERATIONS IN LABOR COURTS: THE APPLICABILITY OF ARTICLE 926 OF THE BRAZILIAN CODE OF CIVIL PROCEDURE IN LIGHT OF ANTHONY WOODIWISS’S THEORY OF LEGAL DISCOURSE

PALAVRAS-CHAVES:

Relative autonomy of the law; Labor Reform; consistency.

PÁGINAS: 47
GRANDE ÁREA: Ciências Humanas
ÁREA: Ciência Política
SUBÁREA: Estado e Governo
ESPECIALIDADE: Estrutura e Transformação do Estado
RESUMO:

The aim of this work is to study the duty of integrity and coherence of the decisions of the superior tribunals, established in art. 926 of the Brazilian Code of Civil Procedure. Such attributes of coherence and integrity will be analyzed in light of Anthony Woodiwiss's theory of consistency of legal discourse, which deals with the consistency of legal discourse as the characterizing element of law autonomy - as developed by Nicos Poulantzas - and which the formation of these discourses. Based on the concept of relative autonomy of the state, developed by Nicos Poulantzas and later taken up by the theory of consistency of Anthony Woodiwiss's legal discourse, for us a theoretically fertile way of thinking about confronting the issues raised by the Judiciary in the face of reforms which can be traced from the problematic of the legal autonomy relative to the economic instance in the capitalist mode of production, developed by Nicos Poulantzas, and the need for consistency of judicial deliberations, which gives judiciary autonomy to declare that such reforms will only be valid and therefore applicable if they are in harmony with the principles of the rule of law. To that end, we revisit the scheme developed by Poulantzas from the original ideas of Louis Althusser, to arrive at the recent studies by Anthony Woodiwiss, who, in conceiving law as composed by consistent discourses and practices, made it possible, as stated by him, to investigate the dual role played by law, both in the production of its specific results as well as in its fundamental ideological effects, in terms of consistency of law with broader hegemonic discourses. The functions of accumulation and legitimation of the state indicate a double and contradictory role played by the capitalist state, creating a tension in the way of acting of its regional instances. This tension indicates that the political system, and the judicial system in this case, not only reproduce economic conflicts, but also acts in the maintenance of stability when it seeks to solve conflicts in capital’s best interest and sustain legitimacy of the system as a whole. This sets the judiciary as an autonomous institution, yet never neutral — as will be shown. The advocated hypothesis is that the consistency of the legal discourse, the main guiding characteristic of its formation, expression of the relative autonomy of the law before the direct needs of capital, is reflected, in Brazilian law, by the necessity of doctrinal and jurisprudential uniformity of the deliberations of the superior courts, stablished in Article 926 of the New Code of Brazilian Civil Procedure, maintaining it stable, complete and consistent. We understand that the theory of relative autonomy, coupled with the theory of consistency of legal discourse, is a useful method for interpreting the empirical reality of the relationship between labor law and economic law. As an empirical basis for analysis, it was chosen three recent decisions of the Federal Supreme Court (STF) on the so-called Labor Law Reform (Act 13.467 / 2017), which involve the judgment of the Ação Direta de Inconstitucionalidade (ADIN) concerning the following matters of the Labor Reform: union contribution; the collection of damages for the winning party, expert fees, the deduction of fees from damages paid in other cases; and the collection of court costs from employees that cause the filing of their actions for non-attendance of the hearing, and, finally, the prohibition of pregnant women and teenagers’ working in unhealthy activities in spite of the effects verified on gestation and lactation.

MEMBROS DA BANCA:
Presidente - 1149332 - LINCOLN MORAES DE SOUZA
Interna - 1475558 - LORE FORTES
Externo à Instituição - WILLIAM GLEDSON E SILVA - UERN