Legitimidade do ministério público no ajuizamento de ação civil pública para cobrança do FGTS : direitos individuais homogêneos

Abstract

Based on the analysis of legislation, doctrine and jurisprudence, the present work seeks to form more concrete opinions regarding the legitimacy of the Labor Parquet in bringing civil public actions, in order to protect individual homogeneous rights. In this sense, the study of meta-individual rights, through diffuse, collective and individual homogeneous rights in a detailed way, is prioritized until it reaches the study of the public civil action itself, as a kind of collective action, encompassing collective law and its strands. From this point on, it is envisaged to understand the role of Labor Parquet in the defense of such rights, as well as to verify the legal nature of the FGTS, as regards the work environment. Thus, it is necessary to understand that such an institute has a labor credit nature, belonging to a relationship between employer and employee, and should be protected by Labor Law and covered by the Specialized Public Prosecutor's Office, and the public civil action as a way, As it is social law, which is the problem that is intended to be addressed. As a research tool, bibliographical and documentary references were used, analyzing several scientific articles and the most diverse jurisprudence on the subject. The method chosen was the logical-deductive, since the object of study from a general analysis for the concrete case, glimpsing among so many possibilities of proposition of the most diverse actions by the Labor Parquet, a more specific and, that even after years The Federal District is specialized in the filing of constitutional actions, as is the case of the public civil action for collection of the FGTS, in order to guarantee the Compliance with constitutional legislation, as well as showing that labor law has long ceased to be synonymous only with the legal understanding, but that its basis derives from a normative set, formed primarily by jurisprudence and judicial precedents, which cover social contributions, involving Protection of individual homogeneous rights, seeking to embrace the rights of workers in their completeness.