The Brazilian and Italian Labor Courts: Comparative Notes

Abstract

SummaryThis article compares the Brazilian Labor Court, created in 1939, and the Italian Magistratura del Lavoro, instituted in 1926 by the government of Mussolini, to “harmonize” the conflicts between labor and capital through judicial means. The text problematizes the Brazilian intellectual tradition which sees the Labor Court either as a typically national product or as the transcription of an international model. It demonstrates that current polemics are fixed within the ambit of the “national problem” such as it was formulated in the 1930s. The approach adopted does not concentrate exclusively on the formal apparatus of juridical structure, but interrogates its functioning over time in different historical conjunctures. The main goal of the article is to understand the Labor Court as an institutional recourse historically appropriated by different subjects, in particular by workers, who gave the courts differentiated political meanings.