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| Author(s): |
Alessandra Belo Assis Silva
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | Campinas, SP. |
| Institution: | Universidade Estadual de Campinas (UNICAMP). Instituto de Filosofia e Ciências Humanas |
| Defense date: | 2020-06-26 |
| Examining board members: |
Fernando Teixeira da Silva;
Larissa Rosa Correa;
Ângela Maria de Castro Gomes;
Murilo Leal Pereira Neto;
Thomas Dyson Rogers
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| Advisor: | Fernando Teixeira da Silva |
| Abstract | |
This dissertation focuses on the relationship between workers and the Brazilian Labor Judiciary considering as an underlying theme the decisions the Superior Labor Court (SLC) had taken. This approach is made through the study of appeals filed by workers and employers after the end of World War II to the redemocratization years that took place after the New State Dictatoship¿s end. The main sources are debate records and judges' decisions, known as "shorthand notes" (notas taquigráficas). Despite having useful information on labor conflicts, researchers rarely use these sources. This thesis scrutinizes these notes during that period and looks at how SLC judges (ministers) made their decision in favor of or against the parties, considering the pressures of the labor movement and of the employer¿s class they might have been under. The period from 1946 to 1953 was chosen because it is a key moment in which many efforts and experimentations took place and granted legitimacy to the Brazilian Labor Judiciary that was still far from being a consolidated institution. The redemocratization process in which the country was imposed new challenges to that institution that still was exploring a complex legal system, disputing fundamental concepts, and facing unknown situations while it was disputing space and influence with other legal institutions. The study of the dynamic of the Superior Labor Court must include an examination of the workers¿ mobilization, claims, and unions, considering the eventual conflicts with employers. The workers actively accessed the institutions and pressured them to achieve rights. That struggle for legal rights in the field of law had its contribution to the judges¿ decisions. Besides the mentioned sources and subjects, this dissertation examines the conflicts over jurisdiction between the boards (Juntas de Conciliação e Julgamento), Regional Labor Court, and Superior Labor Court. It also looks at the magistrates¿ understanding of legal norms, using their interpretation of labor law books and CLT (Consolidation of Labor Laws), jurisprudence, and the possibilities and limitations between the "the practical and symbolic effectiveness of the courts". Lastly, it explores the role laws and justice had during the unique conjuncture of Eurico Gaspar Dutra¿s government (1946-1951) to the beginning of Vargas¿ democratic government in 1950¿ (AU) | |
| FAPESP's process: | 15/22566-1 - Class conflicts in decision making processes of the Superior Labor Court (1946-1968) |
| Grantee: | Alessandra Belo Assis Silva |
| Support Opportunities: | Scholarships in Brazil - Doctorate |