INJURIES OF A PUBLIC POLICY WITHOUT MANAGEMENT AND STATISTICS: THE CASE OF RESOLUTION Nº 174/2016 OF THE SUPERIOR COUNCIL OF LABOR JUSTICE

Abstract

The purpose of this paper is to analyze Resolution No. 174 of 2016 by the Superior Council of Labor Justice and its disparities with the Public Policy adopted nationally in the context of equivalent means of conflict resolution by the National Council of Justice and federal legislation in force, especially regarding the absence of management and ignorance of the data existing by the magistrates who elaborated the Resolution object of this article. The methodology consisted of bibliographical, legislative and data analysis on the issue that Resolution and Public Policy handle. It was tried to demonstrate how the position adopted by the Brazilian Labor Court, through its main Council, is being detrimental to achieve what the practice of equivalent means of conflict resolution could provide to the population and the treasury, finding subsidies theoretical and practical issues that point to the mismanagement of ministers in making their decisions. It concludes with the need to be thought of a new approach on the subject, be it with the Labor Court adopting the National Policy position or, in the future, thinking of another way of approaching such a problem, by a more preventive path than conflict resolution.