Marília Silva de Melo
Lawyer at Marcos Martins Advogados
The Regional Labor Court of the 2nd Region, through its Full Court, canceled Precedents No. 6 and No. 17 and Prevalent Legal Theses No. 2 and No. 9. This procedure is based on and complies with the legislation regarding the standardization of case law by the Courts.
The canceled Precedents, respectively, dealt with the impossibility of applying the benefit of free justice in favor of the employer, and with the fact that the triggering event for social security contributions arising from a labor judgment is the payment of the amounts in the case file.
As for the prevailing Legal Theses, they dealt with the non-application of the fine provided for in article 477 of the CLT when an employment relationship is recognized in court, and the non-recognition of the provisional stability provided for in Law 8.213/91 in the event of an accident at work during the course of a fixed-term contract, respectively.
The cancellation was the result of work by the Commission for the Uniformization of Jurisprudence, due to the need to update the Court’s already consolidated understandings, which began before the start of the Covid-19 Pandemic, but only on August 31, in a telepresential session, was the cancellation approved.
The aforementioned precedents and prevailing theses were canceled by TP Resolution No. 01/2020 published on September 23, 2020.
