Law No. 13.105/2015, which established the new Code of Civil Procedure (CPC), came into effect on March 18, 2016, but the legal and doctrinal debate that preceded it was also the subject of constant monitoring by those dedicated to Labor Law.
Anamatra was actively present in these debates and contributed to the appropriate forums at various stages of the law's development. The organization has also been supporting and fostering
discussions on the changes that the new Code of Civil Procedure brought to our legal system, focusing especially on topics related to Labor Law.
Labor proceedings have always relied, according to the rule of art. 769 of the Consolidation of Labor Laws (CLT), on civil proceedings in a subsidiary manner. However, this relationship between the two branches of law now faces a challenge under the rule of art. 15 of the CPC, which adds the possibility of supplementary proceedings. The scope, definition and application of this new rule have guided the main debates among labor judges.
A highly important issue for us, labor judges, concerns the delivery of judgments, regarding the application of the new Article 489 and the requirement for reasoning, whereby the judge is prohibited from "failing to address all arguments presented in the proceedings that could, in theory, undermine the conclusion reached by the court." Would the multiplicity of claims and the characteristics of labor proceedings be compatible with this profound change in the legal culture of the logical formation and structure of labor judgments? In this same area, it is essential to discuss the appeals system and the judge's adherence to precedents.
For Anamatra, the uncompromising defense of judicial independence, free reasoned conviction, and the constitutional mandates of the Social Rule of Law is a statutory imperative and
the entity's raison d'être. We believe that the principles of protection and dignity of human beings at work and the right to decent work, as defined by the International Labor Organization
(ILO) and adopted by Brazil, along with the social function of property, are founding principles of the Brazilian State and Labor Law, and the labor process cannot deviate from these foundations without risking self-deception.
In this regard, the 18th National Congress of Labor Court Judges (CONAMAT), a recent consultation and deliberation event for Anamatra, among other important discussions for
the Judiciary and social rights, included among its thematic themes "Independence of the Judiciary and Judicial Activism in Light of the New Code of Civil Procedure," fostering debate on the implications of the
new Code of Civil Procedure in the labor field.(1)
The 18th CONAMAT saw the approval of theses linking associative action, regarding the inapplicability of the new paradigm for the basis of judgments to labor proceedings and its unconstitutionality, as well as the inapplicability of the provisions of Article 10 of the Code of Civil Procedure regarding the so-called surprise decision. A resolution was also passed regarding the strict applicability of Articles
769 and 889 of the Consolidation of Labor Laws (CLT) and the prohibition of employer subsidies to labor unions. Also noteworthy is the approval of a thesis regarding the inapplicability of mediation in individual labor disputes and the incompatibility of the procedure for the dissolution of legal personality.
The event was held shortly after the publication of Normative Instruction (IN) No. 39 of the Superior Labor Court (TST), which allowed for intense debate about the act, with attention to its substantive content, but especially regarding its scope and binding effects on judges. A thesis was approved, which states, in its conclusion, that "by its nature as a general administrative act,
it may have merely informative effectiveness for jurisdictional purposes." Regarding Normative Instruction No. 39, Anamatra is awaiting a decision from the Supreme Federal Court (STF) regarding these same questions, in the proceedings of the Direct Action of Unconstitutionality (ADI No. 5,516), in which it appears as a plaintiff.
And with the aim of contributing to the debate about the applicability of the new Code to the world of work, this issue of the Revista Trabalhista — Direito e Processo is entirely dedicated to the questions raised by the new procedural text and its relationship with Labor Law. More than attempting to resolve doubts, we propose continued in-depth reflection on the application of various provisions to our specialized field, an intellectual activity that focuses on reality and its needs, in the construction of what the Italian philosopher Antonio Gramsci called the organic intellectual.
We wish everyone a pleasant reading, and reiterate our invitation to submit your articles to the Anamatra Journal so that we can, collectively, continue to participate in an increasingly qualified manner in the evolution of the theoretical foundations of Labor Law.
The Editorial Committee
(1) The full text of the approved theses can be found on the event website: <www.conamat.com.br>