Prescrição intercorrente na justiça do trabalho após a lei 13.467/2017

• Autor(a) principal: Borges, Gisela Cristina
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26773
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito material; Execução trabalhista; Prescrição; Prescrição intercorrente; Processo do trabalho; Material law; Labor execution; Prescription; Intercurrent prescription; Labor process

This monografy objetive to study the alteration of the CLT with the introduction of the institute of intercurrent prescription, expressly of its art. 11-A in the now reformed CLT, as well as proposes to analyze the existing legal antinomy between TST Precedents No. 114 and No. 327 of the Federal Supreme Court. Thus, an in-depth study of the prescription institute was made since its inception, concepts, foundations and legal nature were exposed, in order to better understand the importance of limiting legal relations in time, specifically in the context of a judicial process. Time is a natural factor of enormous importance in the legal relations that develop in society, having great repercussion in the emergence, exercise and extinction of rights. It was used essentially theoretical research techniques, predominantly bibliographic, from well-known scholars, analysis of jurisprudence of courts, consultation of immediate legal-formal sources such as legislation, manuals and legal-scientific articles. In the course of the work will see the ways of application of the current prescription, either in the phase of knowledge or in the phase of enforcement, as well as the possible forms of applicability from the entry into force of Law 13,465 / 2017. The analysis of the laws and precedents before and after the advent of the new law will also be analyzed. Still, will be explained the procedural principles related to the institute of prescription in Labor Justice. Given that there should be no perpetual disputes, a solution will be proposed to apply the intercurrent prescription in the labor process so that constitutional principles are not disrespected