A utilização da análise dos precedentes judiciais como forma de redução do passivo trabalhista das empresas

Abstract

This dissertation presented to the Postgraduate Program in Law – Professional Master's has as its theme judicial precedents and the problem: how can the analysis of judicial precedents contribute to the reduction of companies' labor liabilities? In view of this, through qualitative-descriptive methodology, through bibliographical research and case studies, the objective is to verify whether, from the analysis of judicial precedents related to the Labor Process, solutions can be extracted to assist legal departments in reducing their liabilities labor. To this end, the research begins with a contextualization of judicial precedents in common law systems. Afterwards, we discuss its insertion in civil law and the Brazilian legal system, especially in the area of labor processes. The working hypothesis revolves around the resistance to accepting the cogent nature of judicial precedents in civil law, in order to cause difficulties in modulating business behaviors, especially to reduce labor risks. There is a need for the Courts to standardize jurisprudence and use judicial precedents for these purposes. Judicial precedents are considered mandatory and binding. From them, ways are analyzed in which legal departments can be helped to reduce their labor liabilities. It is demonstrated that judicial precedents go beyond the procedural line, through the use of their analysis by legal departments, corporate or independent; these, in turn, can suggest procedural changes and business risk analyses. In view of the analysis of two highly repercussive labor judicial precedents, means are presented (strategic policies and indicators for risk analysis) through which the analysis of judicial precedents can contribute to legal departments, not only in direct application in litigation, but also through a labor compliance system, preventing and reducing the risks of labor liabilities.