The legal scope of the structural labor process in the case law of the Superior Labor Court over the last decade (2015-2025) and recent contributions to the redress of unusual circumstances

Abstract

This article maps the legal architecture of the structural labor process in the jurisprudence of the Superior Labor Court (TST) between 2015 and 2025. The central objective is to empirically identify the procedural techniques, the concepts of “structural process,” and the interpretations of the “unconstitutional state of affairs” adopted by the Court to remedy systemic violations of fundamental rights in the workplace, as well as the themes most examined from this perspective. The methodology consisted of empirical, quantitative, and qualitative research that analyzed a universe of 27 judgments selected from specific descriptors/keywords. The study grounds the autonomy of the structural labor process on the complexity and polycentrism of labor relations, as well as the power asymmetry between capital and labor, aiming at the promotion of Decent Work. The research findings demonstrate that the Superior Labor Court (TST) has applied structural measures to various issues, such as the eradication of child labor, the fight against organizational harassment, and the guarantee of accessibility, using techniques of consensus, flexibility, and structural nudges. It concludes that jurisprudence is moving towards an integration between the correction of unconstitutional states of affairs and the application of conventionality control, opening space for the remediation of possible “unconventional states of affairs” in light of international human rights norms. Furthermore, it indicates the need for further analysis of the interactions between the techniques of the structural process, conventionality control, and the unconventional state of affairs.