Controle de convencionalidade pela Justiça do Trabalho potiguar: um diagnóstico dos 5 (cinco) primeiros anos da Reforma Trabalhista
This dissertation deals with the domestic jurisdictional control of conventionality of Law n. 13,467 carried out or not by labor judges from Rio Grande do Norte (Brazil), in the period between 11-11-2017 and 10-11-2022, based on the guidelines prepared by the Inter-American Court of Human Rights...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54408 |
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| Resumo: | This dissertation deals with the domestic jurisdictional control of conventionality of Law
n. 13,467 carried out or not by labor judges from Rio Grande do Norte (Brazil), in the
period between 11-11-2017 and 10-11-2022, based on the guidelines prepared by the
Inter-American Court of Human Rights - Inter-American Court. According to that Court,
domestic judges have the duty to verify the conformity of internal norms with those
arising from international human rights norms. The study presented here aims to
answer whether the judges linked to TRT 21 carried out the conventionality control of
Law n. 13.467/2017 and, if so, what the jurisprudence of the Inter-American Court
advocates was observed. To do so, it analyzes how the principle of the human dignity
influenced the legal protection of human and worker rights. Then, it investigates the
theory of domestic control of conventionality in the Inter-American System for the
Protection of Human Rights and its main characteristics, guidelines and challenges.
Continuing, examining the evolution of Labor Law and its main characteristics, as well
as the ideals of flexibility and deregulation of this branch, to then present some of the
changes promoted by Law n. 13,467/2017, seeking to identify to what extent,
according to the doctrine, they may or may not contradict the human rights of the
worker. Finally, it compiles and discusses the gathered data. In chapters 2 to 4, it
adopts a deductive method of approach, in theoretical-descriptive research with a
qualitative approach, through a bibliographical review. In chapter 5, it adopts an
inductive method of approach, in empirical research with a quali-quantitative approach,
based on jurisprudential research. Textual searches were carried out for the
expression “conventionality control”, temporally delimited between 11-11-2017 and 10-
11-2022, and for other expressions and period, for comparative purposes. The study
is justified by the strong aptitude of the technique for expanding the paradigms of
unionization of contracts and working conditions; for the recurrent criticisms of the
Labor Reform and for the possibility of international accountability of Brazil. It is
concluded that the domestic control of conventionality as recommended by the InterAmerican Court has practically not been carried out in TRT 21 to examine the validity
of the Labor Reform, since, in the 1st instance, only one judge applied the technique,
including invoking a norm without relevance with the disputed right, and, in the 2nd
instance, no judge undertook any control of conventionality and one of the judges
concluded that the technique would not even be admitted by the Brazilian legal system. |
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