Uma análise dos incidentes de resolução de demandas repetitivas do Tribunal Regional do Trabalho da 11ª Região sob a perspectiva do acesso à justiça pela via dos direitos sociais

Abstract

The general objective of this research was to analyze the Incidents of Resolution of Repetitive Demands of the Regional Labor Court of the 11th Region, from the perspective of access to justice through social rights. To this end, the following specific objectives were outlined, which consisted of the three chapters of this dissertation: 1. To address the principle of labor protection and access to justice through rights; 2. To discuss the Brazilian theory of mandatory judicial precedents; 3. To confront the dimensions of access to justice through social rights in the case study of Incidents of Resolution of Repetitive Demands of the Regional Labor Court. The aim was to answer whether there is effectiveness of access to justice through social rights in Incidents of Resolution of Repetitive Demands of the Regional Labor Court of the 11th Region, raising as a hypothesis the occurrence of access to justice through social rights in the aforementioned judgments. As a methodology, the deductive method was adopted, with qualitative analysis and social legal reflexivity, supported by a bibliographic survey, of normative foundations extracted from the Code of Civil Procedure, and, specifically, with regard to Labor Justice, the Consolidation of Labor Laws, Normative Instruction No. 39/2016 of the Superior Labor Court and the Internal Regulations of the Regional Labor Court of the 11th Region (Administrative Resolution No. 200/2018). The specific cases were obtained by consulting the official precedent table, through a public search on the official website of the Regional Labor Court of the 11th Region, separating the incidents identified in the time frame established between the validity of the Civil Procedure Code of 2015 until July 2024. In the end, it was understood that access to justice through rights, in its two dimensions, was not perfectly met in all judgments, so that the hypothesis raised in all judgments was not completely confirmed.