Limites da busca da verdade material na sociedade da informação : uma análise a partir do processo judicial eletrônico trabalhista brasileiro.

Abstract

The main objective of this dissertation is to verify the procedural and constitutional limits and logics in the search for the material truth of the contemporary electronic process of Brazilian work, starting from the principle of connection that originates in the Information Society, in order to avoid the flowering of discretion judicial. Thus, it is intended to answer the following question: what are the constitutional and procedural limits for the search for material truth in relation to the Brazilian judicial electronic labor process, taking into account the so-called "connection principle", established in the jurisprudence of the courts labor relations, under the arguments of collective intelligence, in the Information Society? At the core, in order to answer the proposed question, the work was divided into three chapters. In the first place, the Information Society is evaluated, critically and contextually, considering its interrelation with the initiatives around the electronic work process in Brazil. In addition, it is in this chapter that some notes on the virtualization of the electronic judicial process and the transformations in the Labor Court are woven. In the sequence, more precisely in the second chapter, the limits on the search for material truth and its relationship with the institute of jus postulandi are analyzed, and afterwards the first Brazilian labor judgments are commented on, based on the "connection principle", which has broadened the search for real truth in the legal labor scenario. In the third chapter, it aims to respond, more precisely, to the problem proposed. Thus, a historical-juridical panorama about contemporary constitutionalism is established, and specifically, it is also shown the idea in Brazil of legal principles and their essential characteristics. In this step, the following factors are worked: the transformations in the Law from the Contemporary Constitutionalism; the legal principles and their relationship with legal arguments; and, finally, judicial discretion, taking into account the objectivist judge and the subjectivist judge. At the end of the research brings arguments to limit the judgment in the search for the material truth of the contemporary electronic process of the Brazilian work, showing that the "connection principle" has been used as a way to mask judicial discretion, from the incomprehension of the Society of the Information, since it has suppressed the principle of the adversary, ample defense and due legal process, thus confirming one of the hypotheses raised. In this step, considering that the work has a bibliographic nature, the hypothetical-deductive approach will be used, constructing the text based on some judgments of the Regional Labor Court of the 3rd Region (Minas Gerais) , the 8th Region (Pará and Amapá) and the 23rd Region (Mato Grosso). Regarding the method of procedure, the study will use the analytical method and also the historical-critical method. Regarding the research technique, indirect documentation will be used.