Efetividade no cumprimento da sentença trabalhista: uma análise quantitativa das execuções realizadas nas varas do trabalho de Barreiros - PE

Abstract

What factors influence the satisfaction of the claimant's credit in the executive proceedings of the Barreiros/PE labor courts? More precisely: What are the situations in which there are greater or lesser chances of settling the claim for the worker who works in the Barreiros jurisdiction? These questions reveal dimensions of procedural law, especially labor enforcement, which are often unnoticed or ignored in theoretical and dogmatic studies. Legal and/or extra-legal factors sometimes influence the fulfillment of sentencing orders and, consequently, the settlement of the worker's claim. To this end, this research used empirical methodology: a literature review on the institute of labor enforcement, in the first two chapters, as well as an empirical-quantitative study, of an exploratory nature, in the last two chapters, with data collection and analysis using logistic regression (logit). In order to answer the proposed research problem, a total of 365 labor cases from the Barreiros/PE labor courts that were definitively filed and suspended due to unsuccessful enforcement in 2022 were analyzed. This data was generated by the e-gestão system of the General Inspectorate of Labor Courts and provided to this study by the Statistics and Research Division of the Regional Labor Court of the 6th region. In these cases, using the hypothetical-deductive method, hypotheses were tested based on the factors - enforcement means, size of the defendant and the legal personality disregard incident, in order to verify which situations have the greatest or least chance of satisfying the labor claim. In the end, the result of the research was that the situation of the enforcement method influences the effectiveness of labor enforcement.