As of February 24, the Superior Labor Court (TST) has approved new rules regarding the submission of appeals in the Regional Labor Courts (TRTs).
The changes are designed to streamline the system of precedents and enhance efficiency in Labor Justice procedures.
Understand the specifics and the effects of these changes on the daily work of labor attorneys.
What modifications occur in IN 40/16?
The modifications in Normative Instruction (IN) 40/2016, as formalized by Resolution 224/2024, seek to align the regulations concerning labor procedures with those outlined in the Civil Procedure Code (CPC) regarding the acceptance of extraordinary appeals grounded on qualified precedents.
These are the primary changes advocated for:
- Substitution of Instrumental Appeal with Internal Appeal.
If the TRT decision relies on binding precedents like Repetitive Resource Incidents (IRR), Repetitive Demand Resolution Incidents (IRDR), or Competence Assumption Incidents (IAC), Internal Agravo will be the suitable recourse.
In such situations, it would not be suitable to present the Instrument Award in Journal Resource (AIRR) to the Superior Labor Court.
This modification is in accordance with articles 988, § 5, 1.030, § 2, and CPC 1.021.
- Resource regulation involving multiple themes.
Magazines with specific themes, some of which are supported by established precedents, can showcase the instrument’s level alongside the internal topic.
The instrument mist will be handled only after the TRT decision regarding the internal mist.
What does that signify in actuality?
In a situation where a TRT denies a magazine resource based on an already established IRR, for example.
Before, the lawyer used to be able to directly file an appeal instrument to the TST, but now they have to submit an internal appeal to the TRT.
Other measures will be possible only if this is not accepted.
How much time is needed for a labor magazine article to be published
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 adapt their systems and procedures, particularly with the implementation of the Electronic Judicial Process (PJe).
The TST.GP Act 8/2025 predicts the prolongation of the original 30-day period to 90 days.
Changes in the system of precedents: what is different now?
Strengthening the system of precedents is a key goal of these modifications.
The new regulations are anticipated to result in:
- Replacing instrument appeals with internal appeals in cases of qualified precedents is expected to reduce the volume of resources reaching the TST.
- The emphasis on authorized precedents enhances consistency in court rulings and enhances predictability for attorneys and individuals.
- TST can focus on more complex cases by saving resources and improving process efficiency.
Impacts and the future of Labor Justice
The newly approved TST rules establish a structure for Labor Justice by adjusting the appeals system to match the model outlined in the CPC.
Lawyers must be mindful of using resources correctly and respecting established precedents with the amendments coming into effect.
Being knowledgeable and ready for these changes will be crucial for labor advocacy in 2025.
Sources cited
Records that have initiated procedures regarding the admissibility of appeals can be viewed on the website https://tst.jus.br.
The source can be accessed at https://hdl.handle.net/20,500.12178/81842
The text can be paraphrased as: https://hdl.handle.net/20,500.12178/242717
The document can be accessed at https://hdl.handle.net/20,500.12178/243695
