Restrições à competência da justiça do trabalho pelos tribunais superiores no Brasil

Abstract

The present work treats, of detailed form, concerning the limitations imposed for the native Superior Courts to the new ability of the Justice of the Work, instituted for the Constitutional Emendation nº 45/2004, approaching subject of utmost importance for the society, notadamente for the diligent classroom. The objective was, through a historical study of Justice Worker in our country, to demonstrate the importance of the alterations suffered in the institucional scope of the Justice of the Work throughout the time, notadamente in regards to the new alteration, that says respect to the magnifying of the ability of the Justice of the Work. The limitation to the ability of the Justice of the Work for the Supreme Federal Court was studied through research effected in such a way in the doctrine as in the Brazilian jurisprudence. In the jurisprudential extension, the work in epigraph was paved in the analysis of the most recent decisions emanates of the native Superior Courts. Of the joint analysis of the carried through studies the only conclusion that if can arrive was for the prejudicialidade of the limitations imposed to the ability of the Justice of the Work, notadamente in what it says respect to the diligent classroom. With this, the reach of a well based and specific vision to the subject under debate was objectified.