Execução trabalhista: (in) aplicação do artigo 523, parágrafo 1º do CPC

Abstract

The righteousness of the work is a model of excellence for its speed , efficiency and protectionism , given that these are basic guiding principles by which it is based. Despite its autonomy and its own legislation when needed the work process uses subsidiaries sources , the most common of the Code of Civil Procedure . From there comes the controversy as the possibility of using the fine contained in art. 523, §1º, of the Code of Civil Procedure, Article provides for a fine of 10 % of the value judgment as a sanction for non due performance of obligation to give certain amount in execution. The objective of this study is to search using the search literature , jurisprudence , descriptive , exploratory , theoretical and deductive, the best answer to the controversies brought about by the use or not of art. 523, §1º, of the CPC in the Labour Process. Thus, it is concluded that the CPC 's alternative use benefits the worker, however, the discussion permeates up as the wrongful failure of the purposeful CLT regarding this matter.