Post by shibly on Feb 12, 2024 0:08:56 GMT -5
ConstitutionalJudiciaryWith himLabor On October 17th, the Full Court of the Regional Labor Court (TRT) of the 12th Region established legal thesis nº 13 by the unanimous vote of the judges present at the trial session of the Repetitive Demand Resolution Incident (IRDR) nº 0000435 -47.2022.5.12.0000. Within the scope of the Labor Court of Santa Catarina, today, applicants for free justice who receive income above 40% of the maximum value of benefits under the General Social Security Regime (RGPS) — around R$ 2,834.88 — will have the procedural burden of proving insufficient resources to sue.
The acquisition of the right to free justice will, therefore, be conditioned on proving the alleged insufficiency of resources, following the general rule that the author proves the fact constituting his right (item I of article 818 of the CLT). LEGAL THESIS No. 13: From the beginning of the validity Egypt Email List of Law No. 13,467/2017 — which changed the wording of §3 and added §4, both of art. 790 of the CLT —, the mere declaration of economic insufficiency is not enough to grant the benefit of free justice, and it is up to the applicant to demonstrate the perception of remuneration lower than the level established in §3 of art. 790 of the CLT or prove insufficient resources to cover procedural expenses (§ 4 of article 790 of the CLT.
The decision that established the legal thesis was published on October 26th of this year and there was no objection to the request for declaration so that there could be modulation of the effects, which, thus, started to bind the judicial units of the TRT-12 vertically and horizontally since the trial ( caput of article 985 of the Code of Civil Procedure). There was, however, the opposition of declaratory embargoes by the Brazilian Bar Association of Santa Catarina (OAB-SC) and the filing of a review appeal by the Public Ministry of Labor (MPT), whose admission and knowledge by the TRT-12 and the Court Higher Education (TST) tend not to happen. This is because, together with the incident, the judgment of the chapter of the affected ordinary appeal that raises the legal issue did not take place, despite the sole paragraph of article 978 of the CPC requiring it.
The acquisition of the right to free justice will, therefore, be conditioned on proving the alleged insufficiency of resources, following the general rule that the author proves the fact constituting his right (item I of article 818 of the CLT). LEGAL THESIS No. 13: From the beginning of the validity Egypt Email List of Law No. 13,467/2017 — which changed the wording of §3 and added §4, both of art. 790 of the CLT —, the mere declaration of economic insufficiency is not enough to grant the benefit of free justice, and it is up to the applicant to demonstrate the perception of remuneration lower than the level established in §3 of art. 790 of the CLT or prove insufficient resources to cover procedural expenses (§ 4 of article 790 of the CLT.
The decision that established the legal thesis was published on October 26th of this year and there was no objection to the request for declaration so that there could be modulation of the effects, which, thus, started to bind the judicial units of the TRT-12 vertically and horizontally since the trial ( caput of article 985 of the Code of Civil Procedure). There was, however, the opposition of declaratory embargoes by the Brazilian Bar Association of Santa Catarina (OAB-SC) and the filing of a review appeal by the Public Ministry of Labor (MPT), whose admission and knowledge by the TRT-12 and the Court Higher Education (TST) tend not to happen. This is because, together with the incident, the judgment of the chapter of the affected ordinary appeal that raises the legal issue did not take place, despite the sole paragraph of article 978 of the CPC requiring it.