Herani, Renato Gugliano2024-11-282024-11-282022SILVA, Adriano Romero da. Fundamento consequencialista nas decisões do STF em conflitos trabalhistas. 2022. 154 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/490The present work focused on the theme of consequentialist reasoning in Federal Supreme Court decisions in labor disputes, in order to verify under which bias (legal or political) such argumentative species was being used by the Supreme Court and if the consequentialist foundations of a political nature would be admissible, especially in labor disputes. Therefore, after establishing theoretical premises on the subject under analysis, we sought to define and differentiate the legal consequence from the political consequence to allow the identification of one or the other with the STF rulings on labor disputes, as well as the recognition of fallacious or distorted reasoning, to then discern whether the Federal Supreme Court would have acted within constitutional limits or with judicial activism. The work was also concerned with demonstrating when the analysis of the impacts of the decision should be used as a reason to decide and how this issue affected procedural theory. Using descriptive qualitative methodology, as well as bibliographic and jurisprudential research, the studies showed that the Federal Supreme Court was using consequentialist concretizing reasoning, both of a legal and political nature. It was also found that, despite the consequentialist reasoning being more present in difficult cases, the constitutional limits were exceeded in some opportunities, to the point of changing the constitutional normative text itself, with frank judicial activism.ptConsequencialismo jurídicoLimites interpretativosConsequencialismo falaciosoAtivismo judicial.