Magistratura do Trabalho CSJT study guide
Magistratura do Trabalho CSJT · Work through your exam, one topic at a time.
A Magistratura do Trabalho is the career of the Brazilian labour judge, and the concurso para Juiz do Trabalho Substituto is its single entry door. Each Tribunal Regional do Trabalho runs its own contest under national coordination by the CSJT, so the edital of the region you choose governs the rules, the syllabus and the calendar. The Magistratura do Trabalho CSJT study guide has 12 sections and about 3,001 words.
01Direito do Trabalho
Begin with the employment relationship of art. 3 of the CLT: an individual person, personality (intuitu personae), non-eventuality, onerousness and subordination.
301 words, about 2 min02Direito Processual do Trabalho
Material competence comes from art. 114 of the Constitution, widened by EC 45/2004 to include collective actions and other relations of work.
286 words, about 1 min03Direito Constitucional
Distinguish diffuse control (any court, concrete case) from abstract control (STF; ADI, ADC, ADPF, ADO), plus repercusso geral as a filter for extraordinary appeals and súmula vinculante (art. 103-A) binding the Administration and the Judiciary.
264 words, about 1 min04Direito Civil
Start with the LINDB: vacatio legis, continuity of law and the reduction of the burden of proof issues in the Civil Code. Study the natural person, capacity, absence, presumed death and personality rights (image, name, privacy).
248 words, about 1 min05Direito Processual Civil
Although the CPC applies only subsidiarily to labor procedure (art. 769 CLT and IN 39 TST), the exam tests its general theory.
238 words, about 1 min06Direito Administrativo
Begin with the express principles of art. 37 (legality, impersonality, morality, publicity and efficiency) plus supremacy of public interest and autotutela.
213 words, about 1 min07Direito Previdenciário
The RGPS has mandatory insured persons (employee, domestic, individual contributor, avulso, special) and facultative ones, plus dependents (art. Distinguish filiacao from inscricao, and carência (number of contributions) from quality of insured.
220 words, about 1 min08Direito Penal
General part: legality (art. 1 CP), anteriority and non-retroactivity except lex mitior, minimal intervention, lesividade and culpabilidade.
245 words, about 1 min09Direito Empresarial
966 CC) is one who professionally exercises organised economic activity. The EIRELI was extinguished by Lei 14.195/2021 and replaced by the SLU.
229 words, about 1 min10Direitos Humanos e Direito Internacional
Two systems: global (ONU; Universal Declaration of 1948, ICCPR and ICESCR) and regional (OAS; American Convention of 1969 and the Inter-American Court). In Brazil, human rights treaties approved by three fifths in both houses have constitutional status (art.
218 words, about 1 min11Filosofia do Direito
Positivism: Austin (command), Kelsen (basic norm, validity and efficacy), Hart (rule of recognition, open texture, inclusive positivism). Natural law: a higher order above positive law.
172 words, under 1 min12Sociologia do Direito e Teoria Geral do Direito
Durkheim: mechanical and organic solidarity, collective conscience and anomie; law as an index of solidarity (repressive versus restitutive). Weber: rationalisation, types of domination (traditional, charismatic, rational-legal), formal and material law, bureaucracy.
367 words, about 2 min