Heloisa de Alencar
Lawyer at Marcos Martins Advogados
On 06/05/2020, the Sub-section I Specialized in Individual Disputes (SBDI-I) of the Superior Labor Court established a new understanding regarding the value of the claims mentioned in the initial petition.
The reporting minister based his understanding on the Code of Civil Procedure, with the aim of this decision being to avoid ultra petita judgments, that is, to avoid decisions that go beyond the plaintiff’s request, giving more than was requested in a greater quantity or in a different object than that which was demanded, which is prohibited by the Code of Civil Procedure.
The case before us refers to a claim for overtime in relation to the time spent by the employee in transportation provided by the employer (hours in itinere), the initial petition having determined the amount of R$3,803.00 without any caveat that this would only be an estimated amount or even without there being a request for it to be settled.
This was a discussion that had existed since the entry into force of the Labor Reform, which made it mandatory to itemize the value of each claim individually.
However, going against several decisions that did not apply the Labor Reform, it unanimously decided to hear the appeal for a stay, due to divergence in case law, and, on the merits, to grant it in order, with regard to the request for hours in itinere, to limit the condemnatory installments to the amounts indicated in the initial petition.
This demonstrates a trend in the understanding that will be adopted by the Superior Labor Court from now on. Lawyers should be careful when drafting labor claims to note that the amounts are estimates and require settlement at the appropriate time, and companies should specifically object to the fact that any conviction should be limited to the amount indicated in the lawsuit, in order to allow for future discussions.
