Atribuição e legitimidade do Ministério Público do Trabalho na perspectiva dos direitos humanos

Abstract

This research has the purpose to investigate the possibility of exceeding the limits set by some current doctrinal and jurisprudential linking the attribution and legitimacy of the Public Ministry of Labor to the jurisdiction of the Labor Court. In this task, use the historical process of reconstruction of human rights after World War II as a source for spreading the importance of human work to achieve economic development and social progress in the capitalist system of production and therefore as a means of affirming the value justice. It analyzes the peculiarities of formation and development of Labor Law in Brazil, with particular reference to historical links between the Public Ministry of Labor and the Labor Court in order to show the loss of consistency of this bond after the advent of the 1988 Constitution. Restrictive interpretation contrasts with the new profile prosecutor's constitutional and the importance of the social value of work, and asserts the impertinence of this chain with structural and institutional principles of the Constitution and the concept of access to justice developed by Cappelletti and Garth and the effective legal order by Watanabe. Thus, to develop arguments, once overcome these limits, advocate a new focus in the way of acting of the Public Ministry of Labor and thus fulfill the mission of promoting the social labor rights granted by the Constitution.