Banca de QUALIFICAÇÃO: Antônio Luís de Oliveira

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Antônio Luís de Oliveira
DATE: 10/12/2025
TIME: 10:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FACULDADE DE DIREITO - UnB
TITLE:

Class union action: an effective tool for accessing justice and guaranteeing the fundamental rights of the working class.

KEY WORDS:

Class action; Collective labor law; Trade union; Individual rights with a common origin

PAGES: 136
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The reality of labor law has undergone significant changes since 2017, following the substantial legislative reform enacted through Law 13,467. The barriers imposed on workers’ exercise of their individual right of action have highlighted the need for a deeper understanding of unions’ role in providing legal representation for their members. From a procedural standpoint, this calls for an examination of the collective actions microsystem as a mechanism for ensuring effective access to justice. The research question is whether the procedural tools available within this collective actions framework—including broad extraordinary standing (legitimatio extraordinaria), unions’ litigation capacity, and rules governing fees, costs, and procedural expenses—are sufficient to safeguard constitutionally protected labor rights and workers’ access to justice. The general objective of this research is to identify the constitutional and procedural mechanisms that either enable or hinder collective litigation by trade unions, and the extent to which these mechanisms ensure effective access to justice in collective labor claims. The specific objectives are to provide historical context on trade unionism in Brazil and abroad, to outline the main theoretical aspects of access to justice from the standpoint of the working class, to describe the legislative development and principal norms of Brazil’s collective actions microsystem, and to propose, based on the procedural instruments recognized by the courts as enabling the realization of access-to-justice principles and the collective defense of labor rights by unions, the adoption of substantive collective representation as a viable solution. The expected outcome is to assess whether the role of trade unions in protecting workers’ rights is indispensable within the Brazilian legal framework, considering judicial recognition of existing procedural mechanisms that give effect to access-to-justice principles and the collective enforcement of labor rights, as well as to suggest potential legislative reforms and the creation of municipal or regional centers dedicated to representing entities that defend the working class.

COMMITTEE MEMBERS:
Presidente - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Interno - 1418046 - ANTONIO SERGIO ESCRIVAO FILHO
Externo à Instituição - LEOPOLDO ROCHA SOARES - MACKENZIE
Externo à Instituição - BRUNO TAVARES PADILHA BEZERRA - UFERSA