Execução por quantia certa contra a fazenda pública na justiça do trabalho: análise do procedimento do tribunal regional do trabalho da sétima região após o julgamento de inconstitucionalidade da EC 62 de 2009

Abstract

In this study there is a critical point of view about the process chosen by the Labor Regional Court of the seventh region in the process of rogatories. With this in mind an analysis is done of the public server, especially in what is about the implications of the Unified Legal system in use since the Constitution of 1988. It makes clear, this way, that the competence is of Labor Justice to process and execute the conflicts in what disrespect the Treasury. It will speak about the peculiarities inherent to execution by a certain amount in the face of existing Treasury due to the inherent characteristics of their goods, namely, unseizability and inalienability.Thus, it is explicit with the resolution and proviments of the National Councel of Justice and the Courts that guide the processing of the rogatories and requisites of small value, tracing a parameter of analysis used by the TRT- 7th region. The reseach was developed with a bibliographical and jurisprudential study pertinent to the subject. There was still the study of writ processed by TRT-7th region for a year.