A judicialização sobre o PLR da Equatorial Energia em Alagoas : análise da nulidade por ausência do litisconsórcio necessário, consoante a reforma trabalhista advinda da Lei 13.467/17

Abstract

The Labor Reform that occurred in 2017 brought several changes to the Brazilian legal system, among them article 611-A, §5 of the Brazilian Consolidation of Labor Laws (CLT), which prescribes the obligation to include the unions that signed the collective instrument in the lawsuit when the claim seeks the annulment of a clause negotiated in a collective agreement. The existence of this necessary joinder of parties proposed by law is approached having as object of analysis case 0000094-88.2020.5.19.0002 of the Regional Labor Court of the 19th Region, in which workers seek to guarantee their rights in the search for payment of PSP (Profit-sharing Plan). Besides the case study, it also employs doctrinal conceptualizations and uses bibliographic and documentary research in order to develop critical thinking and give context to the arguments employed. The chapters deal with the conceptualization of the institutes that are the object of the study, without going into detail, in order to aid in their basic understanding. A brief approach is made to the labor reform in a general way and soon after it deals with the institute of the necessary joint venture prescribed in the CLT, in this case. The goal is to develop a reflection on the existence of nullity or not of the process in question, since it is not in compliance with the literalness of the rule.