Democracia e contraditório a partir da jusfilosofia de Jürgen Habermas : uma análise de decisões da Justiça do Trabalho

Abstract

This research, from some philosophical concepts of Jürgen Habermas, as communicative action and the Discourse Theory, intends to apply them to the adversarial principle in the law. Furthermore, it is shown the full composition of the adversarial principle, decomposing it in information, reaction and power of influence facets. Further, the research seeks to highlight the association between Habermasians concepts and the production of legitimate court decision, development of dialectical procedure permeated by effective contradictory, which obtained new value to the 2015 Civil Procedure Code (CPC/15). Works with the effect of Article 7 of the CPC/15 in the Labour Process, given the regulatory gap found in labor procedural scope, with regard specifically to the actual contradictory. Then proceeded to the analysis of how this principle has been applied in decisions handed down by the Superior Labor Court, taking into account certain cases-paradigms. Finally, it is clear in the sense that the contradictory constitutes the ruling legitimizing factor from the point of view of the exercise of judicial power in a democracy, pointing to the need for further reflection and discussion on this topic under the Labor Court.