EFFECTIVE JURISDICTIONAL PROTECTION AND THE LIMITATION OF THE SENTENCE TO THE VALUE OF THE INITIAL PETITION IN THE LABOR COURT: AN ANALYSIS OF ITS APPLICATION

Abstract

The present work deals with the judicial protection and the limitation of the condemnation to the values indicated in the initial petition, having as a premise the following question: are the values indicated in the initial petition of a limiting nature or only suggestive? Thus, the study aims to analyze the theoretical and practical issues related to the subject in the labor field, and, in general, the limitation of the conviction that must be adhered to by the merits presented by the party, however, there are relevant cases in which this rule is not considered by the magistrate. In view of this, the present work seeks to remedy the respective impasse, analyzing jurisprudence on the subject, on the website of the Labor Courts, in order to identify the relationships established between the requests and the decision. This work concluded that despite the benefits brought by limiting the condemnation to the amounts listed in the exordial, the need to consider that the amounts are merely advisory is undeniable, in order to achieve justice in labor disputes. This is a jurisprudential and bibliographic research of a qualitative nature and supported by the theoretical framework of Fagner Sandes (2020); Antônio Gil (2002); Carlos Henrique Bezerra Leite (2022); Antônio de Paula Rocha (2023) among others that will complement the theme.