A IMPROCEDÊNCIA LIMINAR DO PEDIDO NO CÓDIGO DE PROCESSO CIVIL DE 2015 E AS SUAS IMPLICAÇÕES NO PROCESSO DO TRABALHO

• Main Author: Milton Vasques Thibau de Almeida
• Format: Article
• Language: Portuguese
• Published: Universidade Federal do Tocantins 2017-12-01
• Series: Vertentes do Direito
• Subjects: preliminary dismissal of the request; prima facie judgement; class actions protection
• Online Access: https://sistemas.uft.edu.br/periodicos/index.php/direito/article/view/4814

The procedural technical system has been making efforts towards the elimination of the request and the inquisition phases of the process, aiming to resolve everything that could be resolved by preliminary trials, by entire or by pieces. The preliminary dismissal of the request, inserted in article 332 of the 2015 Civil Procedure Code, is a legal evolution of article 285-A of the 1973 CPC, and it is classified by the civil procedure doctrine as a technical method of proceeding acceleration, but in reallity it runs as a class action protection system, after the legal article taken into account begone to imposes to the prima facie judgement the exigency of a motivation based in the confront of the request to the stare decisis stated by the STF and the STJ, or standards of jurisprudence borns in the trial of repetitiveness appeals incidents, or the trial of repetitiveness actions incidents, or by competence assuption, and had extents the same authority to the jurisprudential standards of the Countries Court of Justice in matter of local legal rules. It aims stops the inconvenient reproduction of requests without legal support in case of class actions interests, that are common to the public servants, to the tributary obligations, to the social security benefits and to the consumption relations. In the labor process this proceeding prima facie judgement never could be made before the first conciliating effort, and it is attached to the same objective of class action protection, as it occurs, for example, to those requests whose origins are in the employer's benefits plans, if it runs against the stare decisis stated by the STF and the STJ, or standards of jurisprudence borns in the trial of repetitiveness appeals incidents, or the trial of repetitiveness actions incidents, or by competence assuption. Finally, the prima facie judgement is inadequate to the hyphotesis of requests opposed to the jurisprudential standards of the Countries Court of Justice in the matter of local legal rules.