文章基本信息

标题：Advogado x cliente: relação de trabalho ou relação de consumo?
本地全文：下载
作者：Elaine Cristina Saraiva ; Wallison dos Santos Oliveira
期刊名称：Revista do Curso de Direito
印刷版ISSN：2176-1094
出版年度：2010
卷号：7
期号：7
页码：123-141
语种：Portuguese
出版社：Revista do Curso de Direito
摘要：The present study aims at clarifying, by means of analysis of doctrine and case law, the juridical relationship between lawyers and their clients, seeking to understand if such relationship is a consumption one, hence based in the civil and consumerist legislation (mainly by the Consumer Protection Code), or if it is an employment relationship, ruled by the Consolidation of Labor Laws. We will analyze the history of Labor Laws, the evolution of Labor justice in the Federal Constitution, seeking to find the distinction between employment relationship and job relationship and analyzing the lawyer’s work, his relationship with his client, and how he is paid. We will analyze the competence to judge labor disputes originated by this relationship and finally point out what the present case law says about this relationship: if it is a consumption relationship ruled by the Consumer Protection Code and other civil laws or an employment relationship.
关键词：Lawyer;Employment relationship;Consumer relations;Clients;Material competence.;Advogado;Relação de trabalho;Relação de consumo;Cliente;Competência material.