IMPACTO DA EMENDA CONSTITUCIONAL Nº 45/2004 NO PODER JUDICIÁRIO TRABALHISTA

Abstract

The work expresses the proposal to present the main impacts of Constitutional Amendment No. 45/2004 on the structure and functioning of the Labour Courts. The survey did not exhaust all the changes introduced by the amendment, but present those that have affected internal and external effects on the labor judiciary, since the relationship between its organs and servers as well as the expansion of the jurisdiction of the labor courts. For this, we start from the power division of ideal in three distinct functions - legislative, executive and judicial - to achieve the model presented by the Citizen Constitution of 1988, with independent powers and  harmonious among themselves. After, we will point out the changes brought about by the constitutional amendment that impacted the labor courts. Finally, we conclude that the changes optimized the labor courts, bringing more speed and access to the claimants. Still, we conclude as critical to the amendment, it could have led to labor courts in disputes involving statutory servers. The methodology applied is the use of bibliographic references of research, a survey of the theories applied to the issue and study of Constitutional Amendment 45/2004.