THE IMPORTANCE OF PRESERVING THE NORMATIVE-PRINCIPLE STRUCTURE OF LABOR LAW AND PROCEDURE IN THE CONTEXT OF THE CONSTITUTIONAL RULE OF LAW

• DOI: https://doi.org/10.22533/at.ed.216502503013

• Palavras-chave: Constitutional rule of law. Federal Supreme Court. Interference. Limits of action. Normative-constitutional-labor structure.

• Keywords: Constitutional rule of law. Federal Supreme Court. Interference. Limits of action. Normative-constitutional-labor structure.

• Abstract:

  This essay investigates the formula "Rule of Law" and its transformation into the Constitutional Rule of Law in order to assert that in this last stage, when the process of constitutionalization of Law took place, there was the emergence of Labor Law and Procedure - equally constitutionalized - which developed and consolidated themselves imbued with their own principles and rules, as well as precedent norms calling for respect and consideration by the constitutional court. The second part of the research investigates three judgments handed down by the Supreme Court - ADIs. 5.766, 1.721 and 1.770 and RE 760.931 - with the aim of reflecting on the limits of its action, both in terms of hermeneutics and procedure. The first and second cases involved the problem of judicial interpretation, while the third case dealt with non-compliance with a fundamental procedural rule aimed at the preliminary phase prior to judgment - general repercussion. A bibliographic methodology was used, accompanied by the collection of court decisions that served as evidence of the Supreme Court's inappropriate interference in the normative-constitutional-labor structure.