TST E STF FRENTE A FRENTE

Abstract

This article examines the legal conflict between the Superior Labor Court (TST) and the Federal Supreme Court (STF) regarding the inclusion of companies from economic groups in the enforcement phase of labor proceedings, focusing on the judgment of Theme 1232. The research explores the implications of applying joint liability under Article 2, §2, of the Consolidated Labor Laws (CLT), in light of the constitutional principles of adversarial proceedings and ample defense. Employing bibliographic research and jurisprudential analysis, the study reveals that the STF advocates for the initiation of the incident of piercing 4 the corporate veil as a prerequisite for including companies in enforcement, contrasting with the established TST practice, which prioritizes procedural efficiency. The conclusion suggests that the STF's decision represents a new approach to balancing the protection of labor credits with legal certainty for companies, emphasizing the need for jurisprudential harmonization to ensure justice and efficiency in labor proceedings.