Post by xyz2900 on Feb 11, 2024 16:30:15 GMT 5.5
Trumpets sounded in greeting to this complex norm, especially in the ranks of the labor judiciary, which announced with pomp and circumstance the sedimentation of Social Justice and the inauguration of the New Labor Justice. Skeptics, however, saw their hopelessness confirmed throughout the year, as time has shown that the labor judiciary deserves to repeat the old saying that the more it changes, the more it is the same thing. The most impactful changes were registered with regard to the mechanisms for the jurisdictional resolution of collective conflicts and the expansion of the competence of the labor judiciary.
The normative power of labor justice consists of the attribution of a peculiar form of exercising jurisdictional power, through which the State-Judge, faced with an impasse in collective negotiations, is authorized to issue a decision that will replace the will of the parties. , valid as if it Belize Email List were a collective employment contract. The letter of the Amendment establishes that such activity is conditional on the consent of both parties to the conflict to submit the matter to the judiciary. The exception was the legitimization of the Public Prosecutor's Office to provoke the Judiciary for this purpose when dealing with strikes in activities involving essential services to the community.
The restriction, however, has been rejected by several regional courts that see it as unconstitutional and continue to process collective disputes without imposing the aforementioned requirement. In this line, for example, the jurisprudence of the TRTs of São PauloThus, workers were, for now, left with only the good side of the changes relating to the normative power of the labor court, which was the attribution of the right of the professional category to the renewal of pre-existing clauses that was repelled by the jurisprudence of the TST and STF. In relation to competence, the most relevant provision that aroused fear of catastrophe consisted of transferring all cases filed by public servants to the Labor Court. In good time, the STF, at the request of AJUFE and under the protests of Anamatra, granted an injunction (MC in ADI 3.395-6) to suspend the implementation of such provision.
The normative power of labor justice consists of the attribution of a peculiar form of exercising jurisdictional power, through which the State-Judge, faced with an impasse in collective negotiations, is authorized to issue a decision that will replace the will of the parties. , valid as if it Belize Email List were a collective employment contract. The letter of the Amendment establishes that such activity is conditional on the consent of both parties to the conflict to submit the matter to the judiciary. The exception was the legitimization of the Public Prosecutor's Office to provoke the Judiciary for this purpose when dealing with strikes in activities involving essential services to the community.
The restriction, however, has been rejected by several regional courts that see it as unconstitutional and continue to process collective disputes without imposing the aforementioned requirement. In this line, for example, the jurisprudence of the TRTs of São PauloThus, workers were, for now, left with only the good side of the changes relating to the normative power of the labor court, which was the attribution of the right of the professional category to the renewal of pre-existing clauses that was repelled by the jurisprudence of the TST and STF. In relation to competence, the most relevant provision that aroused fear of catastrophe consisted of transferring all cases filed by public servants to the Labor Court. In good time, the STF, at the request of AJUFE and under the protests of Anamatra, granted an injunction (MC in ADI 3.395-6) to suspend the implementation of such provision.