A simplicidade/informalidade no processo do trabalho como forma de realização do devido processo legal

Abstract

This work aims to perform an analysis of the interpretation given to the requirement of simplicity or informalism present in the labor procedural law. It comes from the understanding that the procedural law is permeated by an ideological reason, of the political moment in which the norm is edited; this work is traced from the thoughts of Juan Montero Aroca (Spain) e OvídioA.Baptista da Silva (Brazil). The essay knows of the majority doctrine to indicate the labor procedural law as representative of a fairness justice (where rights are granted to the judge to create rights in the concrete case, normative power),differentiating itself from the jurisdiction of law, which is characterized, in turn, by the application of the previous rule to the case (rectius, of positive law), this last line of thought embraced by this work. The study builds on the liberal perspective of the labor reform (2017), legislative changes in various procedural institutes of the Consolidation of Labor Laws (1943), and accompanies discussions in the Federal Supreme Court on the declaratory action of unconstitutionality regarding procedural aspects of the socalled "labor modernization", No. 5.766, which deals with provision that alter the gratuitousness of justice to low income workers. This discussion of constitutionality directly impacts what is meant by simplicity of the labor procedural law. The research intended to demonstrate the need to link the labor procedural law to the due process clause, especially in view of the constitutional reading of the procedural law and even in the sui generis procedures of labor legislation, such as the judicial investigation to determine serious misconduct, constructive dismissal and collective labor disputes. Aspects of the influence of administrative informalism were studied, from the pre-judicial phase of this Justice which only has 70 years of existence in Brazil; we also observed the influence of the civil procedure in the labor procedure law (called "civitization" by the defenders of the autonomy of the labor procedural law). Finally, as the last step of the investigation, the core of the research is the delimitation of the meaning and scope of the due process clause in the justice system responsible for fundamental social rights, through jurisprudence research and specialized doctrine.