(PT) TST decides on payment of succumbent fees by the claimant - RMS Advogados
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TST decides on payment of succumbent fees by the claimant


Reporting by Minister Alexandre Luiz Ramos

The Fourth Panel of the Superior Labor Court (TST), in the judgment of the Review Appeal 425-24.2018.5.12.0006, on the report of the Minister Alexandre Luiz Ramos, established the understanding that in the case of a labor claim filed after the validity of the Law No. 13,467 / 2017, the provisions of article 791-A, and paragraphs, of the CLT must be applied, subjecting the complaining party to the condemnation of succumbence fees, even though they are beneficiaries of the free of charge of justice. In this sense, when the case is partially upheld, the judge must define fees for reciprocal succumbing, in harmony with the provisions of article 791-A, § 3, of the CLT.

In the specific case, the Regional Labor Court of the 12th Region dismissed the ordinary appeal filed by the defendant, dismissing the conviction of the complaining party to the payment of succumbence fees, as it understands that this is not a hypothesis of reciprocal succumbing. The judgment under appeal acknowledged the partial validity of the request, since the sentence did not reach 5.5% of the initial postulate, however, the reciprocal succumbence was removed following the understanding that “the plaintiff was successful in returning to work and part of wages ”.

In this way, the filing of a review appeal based on, among other aspects, the violation of Article 791-A, § 3, of the CLT ( compensation between fees ”) and in the characterization of the reciprocal and minimum succumbence of the request, considering the difference between the values ​​of the request made by the complaining party and the sentence.

In order to support the understanding established with the decision, the content of Article 791-A, of the CLT, detailed in the legal order “with the objective of inhibiting reckless disputes” was detailed, as well as Article 6 of Normative Instruction 41/2018, edited by TST, to provide legal certainty to the court, according to which it is indicated that the application of the aforementioned provision will occur to the actions proposed after November 11, 2017.

In his vote, the Reporting Minister explained that the condemnation of succumbent fees is imposed even if the complaining party is a beneficiary of free justice: “even if the claimant does not obtain credits in this case, or in another that is being processed in the Labor Court, condemnation is still required due to reciprocal succumbing, even if it is suspended for a period of 2 years ”. Such understanding, as explained in the decision, is in line with precedents of the 4th, 5th and 8th classes of the TST.

By: Wilson Sales Belchior


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