The Journal Appeal (RR) is crucial in Labor Law to guarantee consistent interpretation of labor regulations by the Superior Labor Court (TST).
This function is limited and needs to adhere to the particular criteria outlined in the Consolidation of Labor Laws (CLT) and the Federal Constitution (CF).
This article will thoroughly examine the definition, time limits, prerequisites, and chances of the Journal Feature, along with discussing its unique aspects during the condensed ritual and implementation stage.
Legal AI can help make the creation of this resource faster and more efficient.
What does the term “Magazine Resource” refer to?
The Journal Appeal (RR) is a procedural tool that enables the review of Regional Labor Courts (TRTs) decisions when there is a breach of constitutional or infra-constitutional rules or jurisdictional discrepancies, as stipulated in Article 896 of the CLT.
The RR focuses on examining legal issues important for establishing legal precedents, rather than revisiting facts and evidence from the case.
It aims to guarantee consistent implementation of labor laws by TST and has outstanding characteristics.
Magazine Feature Deadlines
The Journal Resource must be filed within 8 days of the TRT decision’s publication, as stated in Article 6 of Law No. 5.584/70.
The deadline for submitting or responding to any appeal will be eight days as per Article 6 of Law No. 5.584/70 and Article 893 of the CLT.
This time frame is final and cannot be prolonged, except as stipulated by law, such as court recess or confirmed local holidays.
The counting of days follows the guidelines of Art. 775 of the CLT, where the day of publication is excluded and the last day of the period is included, considering only business days.
The time limits specified in this section will be calculated on business days, with the first day and the deadline day included.
If the ultimate due date is on a holiday or a day without forensic action, it is extended to the following business day.
When is the Magazine Resource Worker suitable?
The Journal Feature can be implemented in specific situations as outlined in Article 896 of the CLT.
- Violation of federal law or the Federal Constitution in a direct manner;
- Different interpretations of state standards, collectives, or business regulations can lead to disagreements.
- Different interpretations of the law by Regional Labor Courts (TRTs) or between a TRT and the TST itself, or conflicting with STF binding precedents.
Let’s examine the characteristics of article 896 of the CLT.
Article 896 of the CLT states that the Superior Labor Court will review decisions from Regional Labor Courts made in individual dissidence through the ordinary form of appeal.
To provide a federal interpretation of the law that differs from another Regional Labor Court, its Plenary or Panel, or the Dissident Individual Section of the Superior Labor Court, or to go against consistent case law of that Court or the authoritative Supreme Court.
(b) provides the same state law instrument, such as a Collective Labor Agreement, Collective Bargaining Agreement, normative ruling, or mandatory business regulation in a geographic area beyond the jurisdiction of the Regional Court, with conflicting interpretations as described in paragraph a.
Delivered with a clear violation of federal law or a direct affront to the Federal Constitution.
According to article 896-A of the CLT, the Journal Resource should focus on a broader legal thesis rather than just the parties’ interests in the process.
When is Magazine Feature not available?
RR is not allowed under these circumstances:
- The topic under consideration pertains solely to the review of evidence, as per SST Sumula 126.
- The disputed ruling is considered interlocutory unless the case is closed without a final decision on the merits.
- The appeal fails to meet the legal criteria, including storming, preparation, and preconditioning as outlined in Article 896, § 1oA of the CLT.
What does the Magazine Resource need?
For the RR to be valid, it needs to meet specific procedural criteria as per Article 896, § 1oA of the CLT.
- Preparation involves paying procedural costs and any necessary deposit for appeal, as stated in Article 899 of the CLT.
- Indicate the progression of the previously mentioned topic in the following sections.
- Demonstration of a clear and objective legal violation or deviation in court.
- Explanations of reasons for appeal with challenges to the basis of the disputed decisions and detailed examination of each legal aspect.
- In case of a preliminary nullity determined by an unfavorable court ruling, specify the section of the declaratory embargoes with a plea for a regular appeal and a segment from the decision dismissing these embargoes.
Effects of Magazine Resource can be characterized.
The request for review only has a devolutive effect and does not halt the implementation of the decision being challenged, as stated in Article 899 of the CLT.
While the TRT decision can be carried out during the processing of the resource, it may be temporarily suspended if a precautionary measure is granted.
I apologize, but the appeal for review is not in the correct procedure.
In situations involving the simplified procedure (cases with amounts up to 40 minimum wages), the possibilities for appeal are further limited as per Article 896, § 9 of the CLT. An appeal can only be made when:
- Contrary to the TST’s Supreme Court.
- The Constitution Federal was directly violated.
- The choice to oppose the STF’s Binding Precedent.
It is not possible to rely solely on a legal difference between TRTs for recourse.
Feature Evaluation during the Execution Phase
The Journal Appeal will be accepted during the sentence execution phase only if there is a clear and direct violation of the Federal Constitution, in accordance with Article 896, § 2 of the CLT.
Violation of a norm below the constitutional level by itself is not sufficient to warrant the RR’s involvement at this point in the proceedings.
During the fiscal execution stage and disputes related to labor debt certifications, RR is considered for violations of federal law, judicial discrepancies, and breaches of the Federal Constitution according to Article 896, § 10 of the CLT.
How to quickly create a Magazine Resource using Legal AI?
Creating a Journal Resource necessitates precision in technical details, strong reasoning, and extensive legal expertise.
Lawyers can use the Legal AI tool to automate the process, guaranteeing a well-organized and compliant procedural document for TST needs.
Advantages of our artificial intelligence for attorneys:
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Enter the case information, and the AI will produce a thorough compliance with procedural regulations, enhancing efficiency in legal proceedings.
The magazine feature serves as a strategic instrument.
The Journal Feature is a crucial tool for ensuring the accurate understanding of labor laws and maintaining consistency in legal interpretations.
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