Access to labor justice, remote work and territorial competence

Abstract

This article comes from research that aims to present the understanding of the Labor Courts about their territorial jurisdiction, with special attention to work relationships with home office contract. In order to reach this objective, a doctrinal, legislative and jurisprudential research was developed, the latter based on decisions of the Regional Labor Courts to present the understanding of territorial competence within the scope of Labor Justice. The research reveals that there is no pacification regarding the competence to judge labor actions in the home office activity, as the norm is obscure. There are those who understand that it is necessary to consider the reality of the new contexts of the world of work in what concerns the rules of territorial competence, because otherwise they would be removing from the worker the right of access to the judiciary, as the norms of labor procedure seem to be insufficient as operationalization tools in conflict resolution. On the other hand, there are those who sign their understanding that the filing of labor lawsuits other than the place of contracting or the provision of the service, goes against the rules of determination of competence provided for in article 651 caput and § 3 of the Consolidation of Labor Laws. This is inductive research with an exploratory objective.