{"title":"海事法院的判决对第一、第二、第三和第17区地区劳工法院的影响。","authors":"Gustavo Magno Felipe Franco, André Panno Beirão","doi":"10.30749/2674-9734.v1n1a260","DOIUrl":null,"url":null,"abstract":"After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.","PeriodicalId":356001,"journal":{"name":"Revista Juscontemporânea","volume":"62 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A REPERCUSSÃO DAS DECISÕES DO TRIBUNAL MARÍTIMO NOS TRIBUNAIS REGIONAIS DO TRABALHO DA 1ª, 2ª, 3ª e 17ª REGIÕES.\",\"authors\":\"Gustavo Magno Felipe Franco, André Panno Beirão\",\"doi\":\"10.30749/2674-9734.v1n1a260\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.\",\"PeriodicalId\":356001,\"journal\":{\"name\":\"Revista Juscontemporânea\",\"volume\":\"62 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-09-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista Juscontemporânea\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30749/2674-9734.v1n1a260\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista Juscontemporânea","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30749/2674-9734.v1n1a260","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
A REPERCUSSÃO DAS DECISÕES DO TRIBUNAL MARÍTIMO NOS TRIBUNAIS REGIONAIS DO TRABALHO DA 1ª, 2ª, 3ª e 17ª REGIÕES.
After a long period of controversy and doubts about the role of the Maritime Court within our legal system, the doctrine has finally settled it as a proof of relative presumption. However, the day-to-day praxis of the workman reveals a scenario where such certainty is confronted with the theory of professional risk, generating in turn a possible loss of importance of the judgments of that Court as evidence in the final decision of labor proceedings. Hence the present study uses as a tool the qualitative and quantitative analysis of the jurisprudence of the Regional Labor Courts of the 1st, 2nd, 3rd and 17th Regions published since 2010 to analyze the practical relationship between the Maritime Court and Labor Justice. As a result, it is exposed that this is a friendly relationship, in which both Courts respect the competence of others. However, in the end, it also emerges that these TRTs, even though they recognize the presumption of relative certainty of MC decisions, they do not relay on them because of their own technicalities.