Princípios da execução trabalhista: aplicação subsidiária do Código de Processo Civil e a efetividade da proteção jurisdicional trabalhista

Abstract

The main focus of this study is the analysis of the constitutional and infraconstitutional legal principles that involve execution in the labor process, demonstrating the subsidiary and supplementary application of the Code of Civil Procedure, in order to guarantee a greater effectiveness to the useful result of the demand established. In this context, the principle of the primacy of labor credit, the principle of a less burdensome environment, the principle of title, the reduction of the adversary, the patrimoniality, the effectiveness, the principle of the instrumentality of the true social function of labor enforcement, the reasonable duration of the process, the lack of autonomy of labor enforcement, the principle of official impulse, the atypicality of executive means in labor enforcement, proportionality, cooperation and subsidiarity guaranteed by law , all this in order to realize the enormous importance reserved for the study of principiology because of our applied legal order. The study also aims to demonstrate the doctrinal and jurisprudence positioning in the application of the rules and principles of labor enforcement