WHAT HAPPENS AFTER THE LABOR JUDGMENT IN THE LABOR LAWSUIT?

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Ls Advogados

Published on Apr 2, 2024
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Post-Sentencing Stages in Labor Lawsuits: Paths and Implications The outcome of a labor lawsuit, marked by the issuing of a sentence, does not necessarily mean the end of the dispute between the parties. The labor judgment, which determines the obligations of each party, is just a crucial stage in the lengthy judicial procedure. This article aims to explore the procedures and implications subsequent to the judgment within the scope of the Labor Court. Proclamation of the Sentence and Appeals Initially, after the trial hearing, the Labor Court judge issues the sentence, which may fully accept, partially accept or reject the claimant's claims. The parties are notified of this decision and, from that point on, the period for filing appeals begins, should any of them disagree with the verdict. The Ordinary Appeal is the most common at this stage, and the case may be taken to the Regional Labor Court (TRT). Appeals Phase In labor proceedings, the appeals phase is marked by several possibilities. After the ordinary appeal has been ruled on by the TRT, appeals for review may still be filed with the Superior Labor Court (TST) and, in constitutional matters, extraordinary appeals may be filed with the Federal Supreme Court (STF). Each appeal has specific admissibility requirements and deadlines that must be strictly observed by the parties. Final Judgment The process reaches the final judgment stage when there is no longer any possibility of appeal, that is, when the decision becomes final. After this point, the parties are compelled to comply with what was determined in the sentence or in the final ruling, in the event of an appeal. Labor Enforcement Labor enforcement is initiated when the winning party, not voluntarily receiving what is owed to him, requests the court to promote the necessary measures to satisfy his credit. This stage is characterized by the settlement of the sentence, where the exact amount to be paid is determined, considering values, monetary corrections and interest. During enforcement proceedings, assets may be seized, bank accounts frozen (via BacenJud) and other coercive measures may be taken against the debtor to ensure payment of the labor debt. The debtor has the right to contest these actions by filing an objection to the enforcement proceedings if he believes there is an error in the calculations or in the conduct of the proceedings. Agreements and Conciliation Even after the judgment, the parties have the possibility of negotiating an agreement to definitively end the dispute. Agreements are encouraged by the Labor Courts at all stages of the proceedings, as they provide a faster and less costly solution for both parties. Important Aspects of Enforcement The peculiarity of labor enforcement proceedings is the speed and effectiveness in enforcing the rights recognized in the judgment. Labor legislation provides for mechanisms that ensure speed and effectiveness in the enforcement of labor credits, which are considered to be of a food nature and, therefore, have priority over other types of debts. Implications for the Parties The post-sentence phase can be long and exhausting, for both the employee and the employer. For the employee, the delay in enforcement may mean a delay in obtaining funds that may be essential for their subsistence. For the employer, in addition to the risk of assets being seized, there is the impact on the company's reputation and possible financial complications arising from the accumulation of interest and legal costs. Conclusion The post-sentence path in labor proceedings is permeated by a series of steps that can extend the dispute for a long period. Understanding this process is crucial for the parties involved, as it allows them to prepare themselves adequately, both from a legal and financial standpoint. The complexity of labor proceedings after the sentence highlights the importance of competent legal counsel, who can guide and represent the interests of the parties efficiently, seeking the best possible resolution of the conflict. Author: Marcel Sanches OAB 404158/SP

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