| dc.description.abstract | This study aimed to analyze if the labor judge may grant the injunction and early guardianship ex officio in order to bring greater effectiveness to the labor process, materializing the social rights protected by it. To this end, the study was conducted by axiom and jurisprudential research and the approach was based on the dialectical method. The methods of procedure, in turn, are the historical and comparative, once the origins of Civil and Labour Processes were presented and the differences of opinion about the (im)possibility of granting emergency protection without application were analyzed . The work was divided into three chapters, and, in the first, the differences and similarities between the Civil Process and the Labour Process were analyzed, besides, the more relevant points about the implementation of the Principle of Effectiveness were discussed. In the second chapter, the institutes of injunctive relief and preliminary injunction in the governing of the Civil Procedure Code of 1973 were analyzed, after, it was verified the new regulation of the preliminary injunction in the new Civil Procedure Code and how it will subsidiary be applied in the Labour Procedure. Finally, in the third chapter, the main principles of the Labour Rights and Process were glossed and, then, the main question was analyzed, namely, the possibility of granting the emergency guardianship ex officio by the judge, and, to this end, the main doctrinaire arguments to accept or reject this question were brought together. Finally, it was found that, although the reading of the legal provisions that rule these institutes show the impossibility of granting the emergency guardianship ex officio, through a systematic and teleological interpretation, it may be concluded that, when necessary to ensure the effectiveness of the process and the implementation of labor rights, it is possible that the Labour Judge grant the injunction and early urgent interim guardianships without express request of the employee. | |
