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Article

Portuguese

ID: <

10670/1.jxa5do

>

·

DOI: <

10.34117/bjdv7n1-035

>

Where these data come from
The application of the incident of settling repetitive claims in labour justice: an empirical analysis in the light of the use of this procedural tool by the Regional Labour Court of the 8th Region/The application of the incentive of resolution of repeated demands on labor justice: an empirical analysis under the use of this procedural instrument by the regional labor justice of the 8th region

Abstract

The aim of this work is to analyse the application of the IRDR under the Labour Process, advocating its relevance as a legal institution for the protection of serious and massive violations of rights, which are widely observed in the context of employment relationships. In this regard, it begins with an important distinction between the legal protection of this instrument and the protection of collective actions, the differences of which permit the joint existence of such instruments, with a view to choosing the best instrument in accordance with the specific nature of protection in the case. In addition, a necessary theoretical explanation of such an instrument, circumscribing its normative outlines in the 2015 Code of Civil Procedure, has been taken into account, which has brought it to a significant level with regard to the instrumental innovations of the common process. In addition, essential normative instruments are laid down in order to recognise the receipt of the IRDR by the work process, by means of an approach based on the sharing of procedural instruments in the context of a micro-system for the resolution of repetitive claims. Finally, an analysis of the pragmatic application of such an institute by the Regional Labour Court of the 8th Region is carried out in an analytical summary of two important uniform approaches adopted by the court, which serve to identify the relevance of the labour law issues resolved by that institute. In formulating this work, the hypothetical and deductive method was used, by means of exploratory and bibliographic research, analysing the relevant legislation, literature and case law.

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