The new regulations regarding the acceptance of appeals in the Regional Labor Courts (TRTs) were sanctioned by the Superior Labor Court (TST) on February 24.
The alterations seek to strengthen the system of precedents and enhance the efficiency of procedures in Labor Justice.
Understand the specifics and the effects these changes have on the daily work of labor attorneys.
What modifications are there in IN 40/16?
The modifications in Normative Instruction (IN) 40/2016 were made official through Resolution 224/2024 to align the labor process regulations with those outlined in the Civil Procedure Code (CPC) regarding the acceptance of exceptional appeals grounded on authoritative precedents.
The primary changes implemented are as follows:
- Replacement of Instrument Agravo with Internal Agravo.
When the TRT decision is influenced by binding precedents like IRR, IRDR, or IAC, the Internal Appeal will be the suitable recourse.
In these situations, it would not be suitable to present the Instrument Award in Journal Resource (AIRR) to the Superior Labor Court.
This adjustment is in accordance with articles 988, § 5, 1.030, § 2, and CPC 1.021.
- Regulation of resources with multiple themes.
Magazines with specific themes, some of which are based on established examples, can showcase the instrument’s level alongside the internal matter.
The instrument mist will not be handled until the TRT makes a decision on the internal mist.
What does that signify in practical terms?
In an instance where a TRT refuses a magazine resource due to an established IRR.
Before, the attorney was able to file a direct appeal (agravo) to the TST. Now, they are required to submit an internal appeal (agravo) with the TRT.
Other measures will be possible only if this is not accepted.
When will these changes take effect?
The new regulations will take effect on February 24, 2025.
The deadline was established to give the Regional Labor Courts time to update their systems and processes, particularly in relation to the Electronic Judicial Process (PJe).
The TST.GP Act 8/2025 anticipates prolonging the original 30-day period to 90 days.
What changes in the system of precedents?
One of the primary goals of these changes is to enhance the system of precedents.
The new regulations are anticipated to have an impact.
- The substitution of external appeals with internal appeals for qualified precedents is expected to reduce the volume of resources reaching the TST.
- The emphasis on qualified precedents enhances consistency in court rulings and boosts predictability for legal professionals and individuals involved.
- TST can focus its efforts on more complex cases by maximizing process efficiency and avoiding unnecessary resources.
Implications and the outlook for Labor Justice
The newly approved TST rules establish a structure for Labor Justice by harmonizing the appeals system with the model outlined in the CPC.
Lawyers will need to pay attention to using resources correctly and respecting established precedents with the new amendments in effect.
Being informed and ready for these changes will be crucial for labor advocacy in 2025.
Sources cited
Records that pertain to the handling of appeals for review currently in effect can be accessed at the provided link.
https://hdl.handle.net/20,500.12178/81842
The text can be accessed at the following link: https://hdl.handle.net/20,500.12178/242717
The link provided is: https://hdl.handle.net/20,500.12178/243695