Análise da competência em razão da matéria nos dissídios individuais ajuizados por servidores públicos
Keywords:
public employee, labour relation, jurisdiction, labour court, constitutional amendment n. 45/2004Abstract
The discussion about the jurisdiction of the Labour Court to dismiss the lawsuits filed by public employees, resumed with the publication of the Constitutional Amendment (EC) n. 45, is a matter of recurring analysis of doctrine and jurisprudence since the original text of the 1988 Constitution. The wording of Article 114 gives rise to divergent positions about the jurisdiction power for the judgment of individual dispute derived from the public agent-State relationship. Thus, this study aims to understand the distribution of jurisdiction stated by the 1988 Constitution and its reform (EC n. 45/04), as well as the position of the Supreme Court about the jurisdiction for disputes arising from the public agent-State relationship, identifying critically its foundations.
