Princípio do “in dubio pro operario” no Direito Trabalhista Brasileiro

Abstract

The objective of this study is to reflect, by means of the factual-jurisprudential context, the impacts of the Labor Justice in the extent of the Brazilian legal system. Through an exhaustive analysis of historical roots, observes the acting of the Labor Justice in Brazilian Law also on the perspective of the Principle of Protection in the jurisdictional decisions. The consolidation of a separate court for labor relations was something unprecedented in a socioeconomic context that despised the entity hypersufficientin labor relations – that is, the worker – in relation to the juridical relations provided by it. In this sense within the Brazilian juridical system a branch of procedural law which made possible, in addition to the full performance of the Labor Justice, the desire to safeguard workers against possible arbitrariness and injustice. In this same perspective, this research highlighted the Principle of Protection, considered by most of the doctrinaires the structural and fundamental foundation of Labor Law and Labor Procedural Law, contemplated the techniques and rules in dubbiopro operario, the most favorable standard and the most beneficial condition used to protect the worker, this investigation succinctly covered some restrictions and criticisms of the Principle of Protection. Lastly, the examination was carried out at the 12th Regional Labor Court and the low incidence of the applicability of the Protection Principle in the decisions issued during the last 20 years was noted.