FLEXIBILIZAÇÃO PROCEDIMENTAL EM TEMPOS DE EMERGÊNCIA SOCIAL: ANÁLISE DOS NEGÓCIOS JURÍDICOS PROCESSUAIS ATÍPICOS NA JUSTIÇA DO TRABALHO

Abstract

The pandemic caused by COVID-19 was also reflected in the Judiciary, which was forced to carry out procedural acts in a virtual manner. As for Labor Justice, the absence of specific rules has in practice generated a series of procedures created by the Labor Courts and which may cause a mitigation of constitutional process guarantees, such as the adversarial process and due process. In this way, this article analyzes the applicability of atypical contract procedure and their effectiveness for the adequacy of procedures in the scope of the labor process, for that purpose a specific study of the figure provided for in art. 190 of the 2015 Code of Civil Procedure, as well as its compatibility with the labor process, to conclude that there are no legal impediments in the application of atypical procedural conventions. The procedural flexibility made by the parties will serve to make the process more democratic, increasing the legal certainty and the effectiveness of the conciliation principle so sought in the labor field.

KEY WORDS: Legal Affairs; Civil Procedure; Labor Process; procedural flexibility;