Third party intervention in labor suit and the constitutional right to the judicial protection, full defense and the adversary system / IntervenÃÃes de terceiros no processo do trabalho e o direito constitucional à tutela jurisdicional, à ampla defesa e ao contraditÃrio

AUTOR(ES)

Bartolomeu Alves Bezerra

DATA DE PUBLICAÇÃO

2004

RESUMO

In Brazil, labor judges usually deal with procedural methods related to third party interventions under a totally non-systematic manner, bringing on uncertainty to the judicial parties and frequently jeopardizing legitimate rights, hard to be remedied. A way of systematizing how this subject matter is to be treated shall include the different levels of compliance oh third party interests to the judgment of merit that shall be delivered in the suit. As they entail third party interests that are not affected by the verdict effects, both the excluding intervention and the intervention for the defendantâs substitution should not be accepted in labor courts, as such legal institutes, over the standard proceedings, serve only the procedural economy â which shall not occur in the labor judicial law, whereby, in turn, they tend to engender incompatible situations with the skilled jurisdiction of that Judiciary branch. Inversely, all others sources of intervention shall be received, as this shall enable the right of full defense in the protection of third party interests, either directly (liable to the joinder of party aid or the impleader) or obliquely (in cases whereupon they apply to the simple aid or the third party notice) affected by the judgment of merit. Here, in addition, there are no obstacles related to the exclusive jurisdiction of the Labor Courts, as in all occurrences encompassing any of interventions routines thereof, the judge is not liable to deliver a judgment on the legal relationship between the intervening third party and the party that caused such intervention.

ASSUNTO(S)

processo do trabalho ampla defesa intervenÃÃo de terceiros direito do trabalho full defense third party intervention labor judicial law

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