Análise crítica da imunidade jurisdicional dos estados estrangeiros em matéria trabalhista no Brasil

Abstract

The present study approaches the theme of foreign States’ jurisdictional immunity when they employ Brazilian workers in national territory. First, the research exposes the shift from the international paradigm in the interpretation of jurisdictional immunity institute of foreign entities governed by Public Law. As international relations develop, the concept of sovereignty, once absolute, based on the aphorism par in parem non habet judicium, went through a process of relativization, directly interfering in the notion of jurisdictional immunity. The study, developed through a bibliographical, documental and jurisprudential research, confirms the adoption, by the Brazilian State, of the restrictive immunity theory, in the cognitive jurisdiction, and the adoption of absolute immunity theory, in the executive jurisdiction. An analysis of the main controversial topics faced by the Brazilian judicial power in the exam of labor lawsuits involving foreign States was carried out. Due to the national difficulties in the treatment of this theme, the present study proposes to clarify many aspects related to the jurisdictional immunity, including an approach to procedural matters related to the subject, in order to offer guidelines more compatible with the international treatment given to the phenomenon.