Fundo de garantia das execuções trabalhistas como instrumento concretizador do direito constitucional do acesso à justiça

Abstract

This dissertation consists in study of creation and regulation of Labor Enforcement Guarantee Fund as a necessary and materialized instrument of constitutional right to access to justice. It appears that labor enforcement is identified as one of problems in the labor process, due to difficulty of ensuring the effectiveness of jurisdictional provision. This lack of effectiveness of labor enforcement has negative effects on the effectiveness of constitutional norms, especially the right to access to justice, as the labor jurisdictional protection and, consequently, fundamental rights of employees, will only remain in effect when the sentence is definitively left. answered. In this context and through bibliographic research, based on collection and examination of theoretical materials, in addition to analysis of draft laws for regulation of Guarantee Fund for Labor Enforcements that are being processed in national congress, and also on regulation of guarantee systems in law international, questions are presented in relation to creation and regulation of Guarantee Fund for Labor Executions, so that the constitutional right of access to justice is implemented.