Check out Wilson Sales Belchior's article on the interruption of deadlines in the forensic recess published by the state
The new device inserted in the CLT reproduces in full the provisions of article 220 of the new Code of Civil Procedure, in force since 2015, which provides for the interruption of terms during the forensic recess, the Judiciary’s vacation, under the argument of standardizing the rules of the process labor and civil proceedings in relation to the counting of these time gaps.
Different Regional Labor Courts had already suspended the procedural deadlines between October and November 2017, with the justification of adapting to the rules brought by the labor reform, especially the change in the counting of these intervals that changed from calendar days to working days, according to the change of article 775 of the CLT, in order to avoid conflicts in this space.
The new device inserted in the CLT reproduces in full the provisions of article 220 of the new Code of Civil Procedure, in force since 2015, which provides for the interruption of terms during the forensic recess, the Judiciary’s vacation, under the argument of standardizing the rules of the process labor and civil proceedings in relation to the counting of these time gaps.
Different Regional Labor Courts had already suspended the procedural deadlines between October and November 2017, with the justification of adapting to the rules brought by the labor reform, especially the change in the counting of these intervals that changed from calendar days to working days, according to the change of article 775 of the CLT, in order to avoid conflicts in this space.
The Superior Labor Court, as a rule of its internal regulations (art. 183, §§ 1 and 2), already provided for the suspension of appeal periods during the period of collective vacation of the ministers. Thus, the change in the legal system that added article 775-A to the CLT, consolidates the prevailing normative and jurisprudential understanding in relation to the interruption caused by the forensic recess in the labor procedural terms.
The advancement of this measure is materialized in the expansion of the principles of the adversary and of the broad defense, while the safeguarding of the rights of the constituents by their lawyers and access to the Labor Court is strengthened, avoiding disputes about the loss of procedural deadlines and the congestion.
However, the debate about measures that offer more efficiency and speed to the functions of the Judiciary must be permanent, including with the support of technology and artificial intelligence, with the purpose of improving the management of institutions linked to this power of the Republic.
WILSON SALES BELCHIOR is a lawyer and partner at Rocha, Marinho E Sales Advogados
https://politica.estadao.com.br/blogs/fausto-macedo/a-interrupcao-dos-prazos-no-recesso-forense/
PEC nº 39/2021 – Changes in special features
The Chamber of Deputies approved on 07/13/2022 the final text of the Proposed Amendment to the Constitution nº 39/2021 (“PEC of Relevance”). Presented on 11/08/2021 by...
The Third Panel of the Superior Court of Justice unanimously dismissed Special Appeal 1,880,334 / SP, maintaining the judgment that denied the claim for compensation for...
