O direito fundamental à razoável duração do processo e sua (in)efetividade no processo trabalhista

Abstract

The general objective of this dissertation is to investigate whether or not the fundamental right to a reasonable length of process is realized in the labor process. The theme is of great relevance to society, because the labor process is an instrument of incidence of law and its processing committed to the fundamental right of reasonable duration of the process (CF, art. 5, subsection LXXVIII), ensures that the worker receives his credit of food in a quick and effective way, realizing the social justice. The methodology will consist of bibliographical and documental research, which is intended to investigate the real situation of the labor process in Brazil, focusing on the execution phase. The evolution and recognition of the reasonable duration of the process and its recognition in Brazil will be analyzed. Next, statistics will show how the current situation of labor processes in the country is. Without exhausting the possibilities, instruments for the simplification of the labor process will be suggested, such as the creation of a Labor Compensation Guarantee Fund directed to labor executions. The EC45/2004 in its article 3 provides for the creation of a fund for labor executions. The paper ends with observations and suggestions to make the labor process faster and more effective, as a true instrument to achieve social justice.