Banca de QUALIFICAÇÃO: RICHARDY VIDENOV ALVES DOS SANTOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : RICHARDY VIDENOV ALVES DOS SANTOS
DATE: 25/05/2023
TIME: 15:00
LOCAL: Ambiente virtual
TITLE:

CONVENTIONALITY CONTROL BY THE POTIGUAR LABOR JUSTICE: A DIAGNOSIS OF THE FIRST 5 (FIVE) YEARS OF THE LABOR REFORM

KEY WORDS:

Judicial conventionality control. Case Law of Inter-American Court of Human Rights. Labor Reform. Brazil’s 21st Regional Labor Court.

PAGES: 311
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present study focuses on the control of conventionality, more specifically the domestic jurisdictional control of conventionality of Law n. 13,467/2017 within the scope of the 2 instances of the Regional Labor Court of the 21st Region (TRT 21). The "Labor Reform" promoted a profound flexibility and deregulation of rights provided in the Brazilian Consolidation of Labor Laws (CLT), without, however, a more accurate analysis of human rights violations caused by the new legislation having been undertaken by jurisprudence. Therefore, this dissertation aims to answer if the judges linked to TRT 21, in the period from 11-11-2017 to 11-11-2022, undertook a conventionality control of Law n. 13,467/2017 and, if so, whether the application of the technique observed the guidelines of the Inter-American Court of Human Rights and by specialized doctrine. To do so, it elucidates the normative content of human dignity and how it influenced the contemporary notion of human rights and, more specifically, the international protection of workers' rights in the UN and regional system. Then, it proceeds with a retrospective of the theory of conventionality control in the Inter-American System, its objects, fundamentals, parameters, interpretative guidelines, responsible agents, its effects, some of its doctrinal classifications and challenges. Continuing, it examines the worldwide and Brazilian evolution of Labor Law, its purposes, concept and basic legal relationship, the ideals of flexibility and deregulation of the just labor branch, to then present some of the main changes promoted by Law n. 13,467/2017, seeking to identify their impacts on the Brazilian reality and to what extent they contravene or not international human rights standards. Finally, it compiles and analyzes the identified decisions. It adopts a deductive method of approach, with a theoretical-descriptive procedure, carrying out jurisprudential research and a bibliographical review. In particular, it collects and analyzes the decisions made available on the TRT 21 electronic portal (https://www.trt21.jus.br/jurisprudencia) found through textual searches for the expression ‘conventionality control’, temporally delimited between 11-11-2017 and 28 -5-2022. It adopts other periods and search terms with the purpose of comparison. The study is justified by the strong aptitude of the judicial control of conventionality for the promotion of the dignity of the human person and expansion of the paradigms of unionization of contracts and working conditions; for the still scarce application of the technique in the Labor Courts; by the intense doctrinal criticism of the Labor Reform; the high litigiousness in that Specialized Justice and the possibility of international accountability of Brazil. It is concluded that the conventionality control has practically not been carried out in the 1st instance of TRT 21 to examine the validity of the Labor Reform, since, out of 43 magistrates, only 1 applied the technique. Even so, an international norm was invoked as a parameter that was unrelated to the disputed issue. The finding is even more serious in the 2nd instance, as no Labor Judges undertook any control of the conventionality of Law n. 12,467/2017, and one of the judges concluded, that the instrument would not even be admitted by the Brazilian legal order.

COMMITTEE MEMBERS:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 1051231 - LUCIANO ATHAYDE CHAVES
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA
Interna - 1657901 - YARA MARIA PEREIRA GURGEL