Trabalho de Conclusão de Curso de Graduação
A possibilidade de aplicação do artigo 475-J do código de processo civil à execução trabalhista
Autor
Pereira, Matheus Martini
Institución
Resumen
This paper addresses issues related to labor and using the Code of Civil Procedure
as normative source subsidiary consolidation of labor laws. The problematic
discusses the use of the Code of Civil Procedure as a subsidiary source of labor to
the detriment of implementing Law No. 6.830/1980, known as Tax Enforcement Act,
under the approach of constitutional and infra-constitutional principles. It should be
emphasized that this study aims to specifically examine the compatibility and
usability of Article 415-J of the Code of Civil Procedure, introduced by Law
11.232/2005, since the consolidation of labor laws already own norms regarding
procedures executive. The study is justified by the important change brought by
Article 475-J of the national legal system to civil procedure code, since its application
would bring more speed and effectiveness of the enforcement process, and therefore
immeasurable benefits to workers who seek enforcement of his rights by the
judiciary. The methodology addresses the systemic-complex relations and procedure
in historical, comparative and monographic nature, using it for a reference of
bibliographic data. With the screen work it was concluded that, although Article 475-J
has brought many beneficial changes to the national legal system, with regard to
labor execution, and has not yet been pacified the possibility of its application, with
jurisprudential and doctrinal divergence on the topic, it is possible to apply such a
mechanism in labor execution.