Antecipação de tutela no processo do trabalho

Abstract

Social and economic relations are characterized by fast pace. Given this scenario in order to try to circumvent the inadequacy of the process traditional and endure the annoying and intolerable slowness of justice, the legislature found in the preliminary injunction a means of achieving some kind of acceleration in judicial protection and a way to anticipate the effects of the solution of merit. Justifies the preliminary injunction, the principle of necessity, from the observation that, without it, the wait for judgment on the merits mind denial of justice, since the effectiveness of adjudication would remain severely impaired. The advance relief through subsidiary application of the Common Procedure Law to the Labour Process is to strengthen delivery mechanisms court to components of labor relations, while retaining the specialized process, the same legal nature, requirements and conditions contained in the Code of Civil Procedure, respecting their particularities in the application to the Labour Process. However, the use of the Institute of injunctive relief should be guided fairly, without exaggeration or acanhamentos for the purposes of the Labour Court.