THE COMPETENCE OF THE LABOR JUSTICE OVER 35 YEARS OF THE 1988 FEDERAL CONSTITUTION: AN ANALYSIS BASED ON TRANSFORMATION MILESTONES

Abstract

Over the 35 years since the enactment of the 1988 Federal
Constitution, the jurisdiction of the labor courts has undergone different regulations. The original wording of article 114 of the Federal Constitution established the plain rule that labor courts were empowered to resolve disputes between workers and employers. In 2004, a change in the wording of art. 114 of the Federal Constitution, brought about by the 2004’s Judicial Reform (EC nº 45), has been understood by the literature as a significant expansion of this jurisdiction. In this article, we analyze these changes in the jurisdiction of the labor courts, highlighting the role of two actors in bringing about these changes: the Supreme Court, in interpreting the constitution and resolving conflicts of jurisdiction, and the Legislature, in establishing the scope of employment relationship. Finally, we suggest the possibility that we are moving towards a third milestone in the regulation of labor courts competences, achieved without formal changes to the Constitution.