A taxatividade (?) do rol do artigo 876 da Consolidação das Leis do Trabalho e os títulos executivos extrajudiciais na execução trabalhista

• Autor(a) principal: Citadin, Caroline Bressan
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6045
• topic: Execução; Títulos extrajudiciais; Taxatividade

The objective of this monographic work is to verify the possibility of executing an extrajudicial executive title in the Labor Court, considering the effectiveness of article 876, caput, of CLT. The methods used to carry out the research are characterized in terms of the level, being of an exploratory nature, as far as the approach is classified as qualitative, and regarding the technical procedures for data collection, it is defined as documentary and bibliographical. In researches carried out in free access databases, it was possible to verify the lack of studies that deal with the execution of an extrajudicial title in the Labor Court, especially the questioning about the rate of the role that deals with those titles. Thus, based on the doctrinal and jurisprudential analysis on the subject, it was possible to understand that there are still great discussions about the possibility or not of executing an extrajudicial executive title in the Labor Court. However, it is possible to understand that Article 876, caput, of the CLT is exhaustive, since the norm explicitly states which are the extrajudicial executive titles that can be executed in labor justice. Therefore, it is not possible to execute titles that are not included in this role. Therefore, the execution of extrajudicial documents in the labor process should be limited to those provided for in the CLT, and only the Term of Conduct Adjustment (TAC), signed before the Public Prosecutor's Office, the Conciliation Statement signed before the Prior Conciliation and the Certificate of Active Dividend (CDA) being competent the Labor Court due to instituted brought by Constitutional Amendment n. 45.