History
The historical background of the Public Labor Ministry is confused with the history of Labor Justice itself. The emergence of the Labor Court came about with the publication of Decree No. 16.027 / 23, which created the National Labor Council (CNT), an administrative body set up under the Ministry of Agriculture, Industry and Commerce.
In order to work with the National Labor Council (CNT), a Prosecutor General and Deputy Prosecutors were appointed, who were responsible for issuing opinions in the proceedings before that collegiate body.
In 1930, the Ministry of Labor, Industry and Commerce (MTIC) was created, represented by Minister Lindolfo Collor, who counted on the advice of the Prosecutors of the National Labor Council.
Through Legislative Decree No. 19,667 of 1931, the National Labor Department was established within the scope of the MTIC, and a General Prosecutor is appointed for its operation.
From 1932 onwards, the Conciliation and Judgment Boards and the Joint Commissions for the resolution of collective labor disputes were instituted within the scope of the Ministry of Labor, and it was incumbent upon the Prosecutors of the National Labor Department to execute, before the Common Court, of the "sentences" pronounced by the Conciliation and Judgment Boards.
With the advent of the Brazilian Constitution of 1934, the Labor Court (Article 122) came into existence, albeit of an administrative nature, causing the National Labor Council to undergo structural reform. In fact, it has adapted to the new functions assumed, becoming responsible for solving individual and collective labor conflicts. On July 12, 1934, Decree No. 24,692 was issued, which regulated the organization and operation of the Office of the Attorney General of the National Labor Council, motivated, above all, by the increase in work resulting from the activity before the judicial authorities.
With the granting of the 1937 Constitution, the Estado Novo was inaugurated, and the Labor Court (article 139) was maintained as an administrative body.
On May 2, 1939, Decree-Law No. 1,237 was published with a view to organizing Labor Justice within the scope of the Ministry of Labor, Industry and Commerce in three administrative instances: the National Labor Council (3rd instance), the Regional Labor Councils (2nd instance) and the Conciliation and Judgment Boards (first instance). The National Labor Council had only the uniformity of jurisprudence in the system and the composition of the conflicts in the national scope, being composed of two chambers: the Chamber of Justice and the Social Security Chamber. Before each of them, a Public Prosecutor worked.
Decree-Law No. 1,346 of June 15, 1939, which dealt with the National Labor Council, dedicated its Chapter V to the Labor Prosecutor's Office, defining it as a coordinating body between the Labor Court and the Ministry of Labor, Industry and Commerce. Among its attributions, stand out those of officiating in the processes, to function in the sessions, to carry out diligences, to promote executions and to appeal the decisions. The Labor Prosecutor's Office had, since its inception, features of the Public Prosecutor's Office. This was because its purpose was to defend the public interest and, in addition, it had the function of advisory body in labor matters for the Ministry of Labor, Industry and Commerce. In Regional Councils, the Work should be run by a Regional Prosecutor, who had auxiliary prosecutors.
In 1940, Decree-Law No. 2,852 was published, passing the Labor Prosecutor's Office to be called the Office of the Attorney General of the Labor Court. In 1941, Dr. Américo Ferreira Lopes became the Attorney General of Labor Justice. With the installation of the Regional Labor Prosecutor's Offices, Regional Offices were installed at each Regional Labor Council. In 1941, Arnaldo Süssekind was appointed as the first Regional Prosecutor of São Paulo, and Professor Evaristo de Moraes Filho as the first Regional Prosecutor of Bahia.
From 1942, the importance of the Labor Prosecutor's Office was evident, especially since Getúlio Vargas appointed five of his members to form a commission to elaborate the Consolidation of Labor Laws (CLT). This commission was composed of Oscar Saraiva, then Legal Adviser to the Ministry of Labor, as President, and four Labor Prosecutors as members, namely Arnaldo Süssekind, Luiz Augusto do Rego Monteiro, Segadas Vianna and Dorval Lacerda.
In 1943, by Decree-Law No. 5,452, Getúlio Vargas approved the Consolidation of Labor Laws, which effectively entered into force on November 10 of the same year. According to the Consolidated Diploma, the Public Prosecutor's Office (as it was called Office of the Prosecutor of the Labor Court) had as its function to ensure the exact observance of the Federal Constitution, the laws and other acts emanating from the public powers, in the sphere of its (Article 736, CLT). Notwithstanding the name of Public Prosecution, it did not have the independence that it enjoys today, since its members were considered direct agents of the Executive Power. The Social Security Office itself was part of the MPT (article 737, CLT).
With the Constitution of 1946, the Labor Court became part of the Judiciary.
In 1951, Law No. 1,341, entitled Organic Law of the Public Prosecution Service of the Union was promulgated. This legislation promoted the reform of the MPT, since it was framed in the Public Ministry of the Union - although still linked to the Ministry of Labor, Industry and Commerce. In the meantime, the MPT enjoyed independence from other branches of the Federal Public Prosecution Service (Ministério Público Federal, Militar y Eleitoral).
The new statute provided for admission to the career by prior approval in a public competition for tests and titles, but did not extinguish the positions of "Deputy Prosecutor for Deputy Labor", for which no competition was required, but with exercise and remuneration only in cases convened to replace the attachments. Those who, at that time, had more than 5 years of exercise, were put into office (art.88). During this period, the Public Ministry of Labor remained linked to the Ministry of Labor, Industry and Commerce (article 10), as well as reporting to the Ministry of Justice, a situation maintained by Decree No. 200/67 (article 39).
With Law 3.782 of 1960, the Ministry of Industry and Commerce was created, separating itself from the Ministry of Labor and Social Security, starting to operate effectively separated in February of 1961.
In July 1961, was appointed Attorney General of Labor Justice, Minister Arnaldo Süssekind. In his management he organized the service centers, which functioned as veritable minors 'conservatorships in the Labor Prosecutor' s Office, in order to assist the complainants in which there was no legal representation of minors. He also represented Brazil at the international meeting of the ILO in Geneva, as a Member of the Standing Committee on Social Law of the Ministry of Labor.
In 1965, the MPT Study Center was created.
In 1972, the Attorney General's Office of Labor Justice was transferred to Brasilia.
With the promulgation of the Federal Constitution of 1988, the Public Prosecutor's Office gained a new configuration, now enjoying institutional independence, being inserted in Title IV - Organization of Powers - Chapter IV, art. 127 et seq. (permanent institution, essential to the judicial function of the State). As a result, it became a constitutional body with extra powers, in charge of defending the legal system, the democratic regime and the unavoidable social and individual interests, enjoying full functional, administrative and financial autonomy. The Public Labor Ministry is today, therefore, the specialized body of the Public Prosecutor of the Union that acts before the Labor Court with the aforementioned tasks.
Six years later, the Organic Law of the Public Prosecution Service of the Union (Supplementary Law No. 75 of 1993) was promulgated, which provides for the organization, attributions and status of the Public Prosecutor of the Union.
In 1999, important goals were set for the MPT:
The first National Coordination was also created and the internationalization of the MPT was started, with the installation of the first four Offices (Bauru, Palmas, Maringá and Uberlândia). In October 2001, a bill was passed to the National Congress to consolidate and expand the process of internalization, culminating in the creation of 100 Offices (currently Labor Attorneys) and 300 new positions of Labor Attorneys, approved by Law No. 10,771 , of December of 2003.
The MPT confirmed its institutional goals in 2003, including broadening its concept, thus establishing new National Coordinations aimed at monitoring the following activities:
In recent years, the MPT has been following the installation of the Labor Prosecutor's Office, the holding of new public competitions and the process of computerization and sharing of the data and procedures established in the scope of the Public Labor Ministry, with the implementation of the project "MPT Digital ".
