Reclamação constitucional no processo do trabalho sob a ótica do sistema brasileiro de precedentes judiciais obrigatórios

Abstract

This paper aims to study the institute of constitutional claim as an important mechanism of Brazil’s binding judicial precedents system in the labor procedural law and its consequences. Throughout the review it is discussed the historical development of this constitutional remedy and the main procedures aspects, besides its role according to the national binding precedents system. From the perspective of labor procedural law, it is also analyzed the historical panorama of this institute at the Labor Justice and critically pointed this Court application of the civil procedural law binding judicial precedents system. The role of the constitutional claim in that system is also emphasized once noticed the particular rules of the labor procedural law, not dismissing the permanent reasoning for the labor judges to strictly attach the precedent with its matter of facts, otherwise the constitutional claim will be treated the same as ordinary appeal, inducing non-determinant grounds from the binding paradigm decision. Finally, this essay analysis some paradigmatic decisions that demonstrates the irregular use of the constitutional complaint in the Labor Court, accordingly to its role in the system of binding judicial precedents, since disrespected the very nature of the legal remedy and the aforementioned paradigm of binding precedent to its factual content which application was forced by the narrow way of the claim.