Name: MARCELO TEIXEIRA DE SOUZA
Type: MSc dissertation
Publication date: 30/10/2018
Advisor:
Name |
Role |
|---|---|
| ROGÉRIO ZANON DA SILVEIRA | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| MARILENE OLIVIER FERREIRA DE OLIVEIRA | Internal Examiner * |
| ROBSON ZUCCOLOTTO | External Examiner * |
| ROGÉRIO ZANON DA SILVEIRA | Advisor * |
Summary: This research discusses the subject basics of litigation against the federal Government and is oriented by the following search problem: what are the themes that predominate in the labor claims against Federal Union? The objective of this study is to understand the workers foundations to make them join in the labor courts in the Espirito Santo State, against the Federal Government, from the period of August 01 2014 to August 30 2017. The theoretical reference used is documentary research, according to the classic principles of Labor Law, in 879 lawsuits selected from the investigation of 14,896 records found in the database of the AGU Legal Intelligence System - SAPIENS. Content analysis is used in the treatment of the data and a predominantly qualitative approach is adopted, for its usefulness to describe groups, organizations and communities, besides the exploratory characteristic of the research. Interpretations and results indicate that the lack of standardization in the process classification in SAPIENS causes discrepancies in the system, such as classification in different main subjects, of lawsuits with identical characteristics. And that the economic crisis, allied to labor judicial activism, the costlessness immunity of action and succumbency fees granted to the defeated employee in the labor action contribute to the growth of labor lawsuits, which has the Union as guarantor of service-providing companies in default of their labor obligations.
Keywords: Labor claims, reasoning, principles of law, CLT, Federal Government, Espirito Santo State.
