As limitações jurisprudenciais à atual competência da justiça trabalhista: incompreensão do termo "relação de trabalho" pelo STF e STJ

Abstract

This monograph analyzes decisions of the Supreme Court and the Superior Court of Justice regarding the current jurisdiction of the Labor Court to prosecute and judge all actions arising from the labor relationship. The Constitutional Amendment 45, of 2004, to deploy the so-called Judicial Reform imposed a new composition to the article 114 of the Constitution of 1988, express in the item I of this constitutional provision, alluded to the labor jurisdiction. Prior to the CA 45/2004, the Labour Court was competent to judge originally only actions between employees and employers. It is observed that the Amendment 45 to transmute the criterion determinative of original material jurisdiction in the Working Class Justice of the employment relationship to the labor relationship. For its part, the unanimous doctrine Labor homeland understanding that the employment relationship is just a kind of very broad genre labor relationship. It is explained, in this way, the cause of the Constitutional Amendment 45 has enlarged vastly the current constitutional jurisdiction of the Labour Court. Finally, it will be analyzed in detail, some rulings of the Supreme Court and the Superior Court of Justice on the subject, to demonstrate that these Highest Courts, to equate the concepts of labor relations and employment relationship, they are restricting the brand new jurisdiction of the Work Justice foreseen for in art. 114, item I, of the Charter.