Fundamentos das demandas judiciais dos trabalhadores celetistas capixabas contra a União Federal

Abstract

This research is about the fundamentals of judicial demands of workers against the Federal Government, and is oriented by the following research problem: which themes predominate in the labor claims against the Federal Union? This study aims at understanding the foundations that lead workers to join the Labor Court in the Espirito Santo State, with labor lawsuits against the Federal Government, indexed in the AGU Legal Intelligence System - SAPIENS, from August 1st 2014 to August 30th 2017, according to the classic principles of Labor Law. The theoretical reference is characterized as descriptive relational explanatory, using content analysis, in the treatment of data verified in 879 lawsuits selected from the investigation of 14,896 records contained in the SAPIENS database. A predominantly qualitative approach was adopted. The interpretations and results indicate that the lack of standardization in the process classification in SAPIENS causes discrepancies in the system, such as classification in different main subjects, of lawsuits with identical characteristics. The economic crisis, allied to labor judicial activism, the cost exemption from the action and the defeated party’s fees granted to the defeated employee in the labor action also contributes to the growth of labor lawsuits which has the Union as guarantor of service-providing companies that are in default of their labor obligations. The gaps in the survey could be filled by interviews with authorities responsible for the actions of the Federal Union bodies sued in court. The study obtained as a product the observation that, during the studied period, the Labor Process may have been used, in certain cases, as assistance to the disadvantaged. In addition, it was observed the lack of standardization of the main subjects registered in SAPIENS, which content inserts it in the research line Operations Management in the Public Sector.