Banca de QUALIFICAÇÃO: CLARA BILRO PEREIRA DE ARAÚJO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : CLARA BILRO PEREIRA DE ARAÚJO
DATE: 18/05/2023
TIME: 11:15
LOCAL: Ambiente virtual
TITLE:

THE COLLECTIVE LABOR PROCESS FROM THE PERSPECTIVE OF ACCESS TO JUSTICE: New attributes for the characterization of collectively protected individual rights

KEY WORDS:

Homogeneous individual rights. Collective Process. Labor Process. Access to justice. Due processo of law.

PAGES: 123
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present study focuses on the collective protection of individual rights as an instrument of access to justice for workers. The massification of society's demands and the consequent multiplication of repetitive judicial processes submitted to the Judiciary imply an obstruction of the judicial machine, with consequences in the reasonable duration of the process and in legal security. Added to this, within the scope of labor relations, the imbalance between the parties to the material law relationship (employer and employee), the fear of retaliation by resorting to the Judiciary and the reforms resulting from Law n.º 13.467/2017 (Labor Reform ) constitute real disincentives to the individual search of the Judiciary, by employees, for the protection of their rights. Therefore, the collective protection of labor rights, based on legitimate collective entities, constitutes a means of access to effective, adequate and timely justice for workers. However, for the collective protection of individual rights to ensure all the constitutional procedural rights inherent to the collective due process of individual rights, enabling access to justice in its substantial perspective, it is necessary that the postulated rights are, in fact, collectively protected. Therefore, the following research problem is submitted to the present study: is the legal concept of homogeneous individual rights sufficient to admit their collective protection? If not, what are the necessary assumptions for the characterization of collectively protected individual rights? As a hypothesis, the legal concept of homogeneous individual rights, such as those arising from a “common origin” is lacking and insufficient for effective collective protection, requiring, in addition to “common origin”, the predominance of common issues on individual issues, so that a collective process suitable for the protection of these interests is ensured. The research has an inductive character, with the use of quantitative and qualitative methods, and uses the analysis of the case that motivated the present study as a substrate for the problem to be investigated. The case study has an instrumental character for the research and to it is added the bibliographic review, focusing on constitutional procedural law, and exploratory research on doctrine and jurisprudence. Along the research path, the conclusion reached confirms the hypothesis previously raised, that the legal concept of homogeneous individual rights is insufficient to characterize these rights to admit their collective protection, so that the prevalence of common questions over individual questions constitutes indispensable attribute to its characterization.

COMMITTEE MEMBERS:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interna - 1657901 - YARA MARIA PEREIRA GURGEL