O compartilhamento de competência no processo do trabalho a partir da cooperação judiciária: o caso da centralização das execuções trabalhistas

Abstract

The general objective of the research is to demonstrate the possibility of sharing jurisdictional competence, through national judicial cooperation, in labor procedural law. Specifically, it seeks to discuss the assumptions of the competence institute, in order to investigate its theoretical and legal foundations, ranging from the theory of separation of powers to the characteristics that surround the competence system. In a second moment, the principle of adequate competence is faced, as one of the theoretical foundations necessary for the possibility of flexibility and sharing of competence - given the need to establish a relationship of legitimate adequacy between the court and the judicial activity to be exercised, in order to define the judgment that best suits the case, based on the primacy of efficiency, because of this it becomes a fundamental theoretical assumption in this research. In addition, it investigates whether the institute of national judicial cooperation can function as a legal basis for the possibility of sharing and flexibilizing competence. Then, it is discussed whether this sharing of competence is possible, so that it is demonstrated, through legal situations in the forensic daily life, that this shared jurisdictional exercise already occurs in practice. In the last section, it is discussed whether the foundations of judicial cooperation are compatible with procedural labor law, for this purpose a systematized interpretation of the legislation is used, especially the subsidiarity of the civil procedural diploma to the Consolidation of Labor Laws - CLT, considering the art. 15 of the CPC. Afterwards, it is faced whether the national judicial cooperation is compatible with the work process. The last topic brings as a case of analysis the centralization of labor executions, as a means of sharing competence that already occurs in the labor law field, long before the regulation brought by the CPC. Another specific objective sought is to demonstrate the possibility of negotiating procedural competence in collective protection, through judicial cooperation in order to identify that such a perspective does not violate the principle of the natural judge. In the present research, the deductive method was adopted, considering that it is an approach that starts from a general context to a particular one, since it is intended to analyze it from the traditional meaning of the jurisdictional system, which is the premise greater or general, its possibility of sharing in labor procedural law through judicial cooperation in compliance with the principle of the natural judge, minor or particular premise. In order to do so, the type of bibliographic research will be used, due to the need to analyze the theoretical and principiological premises of the institute of competence from the theory of law and process. In addition, the research reached the intended result, which consisted of demonstrating that jurisdictional competence can be shared in labor procedural law, having as a legal basis the institute of national judicial cooperation. It was also reached the result that the centralization of labor executions is shown as a procedural situation where the sharing in the exercise of competences occurs.