As restrições promovidas pelo Supremo Tribunal Federal nas competências da justiça do trabalho entre 2017 e 2024

Abstract

The central objective of this research is to analyze the interference of the Supreme Federal Court (STF) in the jurisdiction of the Labor Court and the impacts of this intervention on the labor legal system, particularly in the protection of workers' rights. The study aims to understand whether STF decisions have contributed to the weakening of the Labor Court and what the consequences of this phenomenon are. To achieve this, specific objectives are established, such as: examining the evolution of the STF and its decision-making process; investigating the structure and functioning of the Labor Court; analyzing key STF rulings on labor jurisdiction; and assessing whether these decisions have led to the weakening of this specialized court, affecting both workers and employers. The adopted methodology is qualitative, with a hermeneutic analysis of STF rulings between 2017 and 2024. The study involves a full reading of decisions, an examination of the legal reasoning used by the justices, a comparison of divergent and convergent votes, and consideration of applicable precedents, constitutional and infraconstitutional norms, as well as doctrinal interpretations. The research also evaluates the legal, economic, and social repercussions of the decisions, addressing aspects of STF judicial activism and its implications for the jurisdiction of the Labor Court. The research findings indicate that the STF has played a crucial role in redefining the jurisdiction of the Labor Court, often limiting its authority and transferring labor-related matters to the Common Justice system. The study suggests that this approach reflects an increasing influence of liberal thought, prioritizing private autonomy and free enterprise over labor protection. This compromises fundamental principles such as the worker's vulnerability and access to justice. Finally, the research highlights the need for an in-depth debate on the limits of STF intervention and the importance of preserving the Labor Court. It suggests the adoption of more consistent criteria for defining jurisdictional competence and fostering an institutional dialogue between the STF and labor courts to mitigate the negative impacts of these decisions and ensure the effective protection of workers' rights.