Cooperação judiciária interinstitucional: a institucionalização de um arranjo de governança na prevenção e no tratamento dos conflitos previdenciário-trabalhistas

Abstract

The research is linked to the research line Human Rights and Democratic Rule of Law: rationale, participation and effectiveness. It aims to build the theoretical and pragmatic foundations of the strategies and procedures of the governance arrangement established by Joint Ordinance n. 001/2017 TRT-MG/JF-MG/AGU-MG/INSS/SPM-ME, which created the Interinstitutional Chamber of Social Security and Labor Cooperation (CICPT), based on the institute of judicial cooperation and on Interinstitutional Cooperation Agreement No. 01/2017, signed between the institutions TRT-MG, JFMG, PFMG-AGU, INSS, SPM-ME and PRUNART-UFMG, and in Joint Ordinance No. 001/2017 TRT-MG/JF-MG/AGU-MG/INSS/SPM-ME, aimed at overcoming the dichotomies arising from the division of social security-labor jurisdiction into different branches of the Judiciary and the disconnection in the performance between the institutional actors involved. The research analyzes these initiatives as strategies to adequately prevent and resolve social security-labor conflicts, as well as to reduce the massive filing of administrative appeals and the exorbitant filing of lawsuits against the INSS by workers insured in a state of labor social security helplessness and denied the so-called situation of “legal limbo”. The central problem of the research is the lack of suitable institutional instruments that envision in the interinstitutional dialogue the possibility of approximation between the Judiciary, the INSS and the Federal Attorney's Office, and the formulation of joint local public policies aimed at managing demands to correct dysfunctionalities arising from the division of the social security-labor jurisdiction into different branches of the Judiciary regarding the processing of demands involving factual situations arising from the employment contract and the lack of coordination amongst the INSS, the AGU and the Judiciary. The research also poses the question of whether the inter-institutional judicial cooperation, celebrated amongst the JFMG, the PFMG-AGU, the INSS, the SPM-ME and the TRT3, and the creation of the CICPT, can contribute to: a) the effectiveness of workers' social security rights-insured in a state of vulnerability and need for social security; b) to overcome the administrative-jurisdictional aporias resulting from the disconnection in the performance between the institutional actors involved in the treatment of social security-labor issues and the distribution of social security-labor jurisdiction in different branches of the Judiciary (Labor Justice and Federal Justice) regarding factual situations arising from the employment contract, with the prevention and resolution of these issues and disputes, in the administrative and judicial scope. In a critical-methodological line, the methodology employed is the theoretical-documentary, in qualitative research, with investigation that combines the legal-comprehensive and legal-propositional type, making use of the document analysis of direct sources (legislation, statistical data, court case documents) and indirect sources as well as conducting semi-structured interviews. It proposes to verify the potential of the CICPT, which is already institutionalized, but pending the fulfillment of its functions, if procedures are installed and institutionalized, inspired by the results of concrete cases, to help int the treatment of the social security-labor conflict, since it promotes the optimization and adequacy of the procedures, solves and prevents the occurrence of divergences between administrative and judicial decisions and contributes to the life of the worker-insured by providing them with an adequate solution for their situation.