Execução provisória satisfativa nas ações coletivas trabalhistas

Abstract

This thesis addresses the provisional enforcement of collective protection of the labor procedure, based on work from a systematic reading of the legal system, from the perspective of search effectiveness in the delivery of judicial review. It begins with the presentation of five assumptions that pervaded the construction of the main arguments throughout the text. Engage a new focus on the classic principle of subsidiarity, closer ties between the model of provisional enforcement of civil procedure and the process of collective work. Deal with issues involving labor collective action, notably the classification of diffuse collective rights and individual strictly homogeneous, and nuances involving the general theory of executive phase. As the possible, also try to compare this scenario with the intended reforms of the new Code of Civil Procedure, whose project is in process advanced in Congress. Finally build execution model involving provisional satisfy ressarcitórias and specific obligations in the collective process of work. The thesis defends the appropriation, by the collective process of work, the novel model institutes provisional enforcement of civil procedure (art. 475-O of the CPC) as a fine example of art. 475-J, with appropriate adjustments to the reality of the labor collective action in order to achieve the pursuit of effectiveness of judicial protection