Prescrição intercorrente na justiça do trabalho: reflexos da Lei N°13.467 de 2017 na execução do crédito trabalhista

Abstract

The purpose of this article is to analyze the institute of intercurrent prescription in Labor Justice, which was introduced in the Consolidation of Labor Laws with the Law 13.467/2017, examining their effects on the execution of labor credit in lawsuits to certificate if is there any violation of principle non-waiver in labor credit. The intercurrent prescription in the labor procedural law has been always caused controversial jurisprudence, because the Superior Labor Court, in its Precedent 114 / TST defends the inapplicability of the intercurrent prescription in the Labor Justice, on the other hand, the Supreme Court recommends in Precedent 327 / STF that the labor law admits the intercurrent prescription. In addition to the above Precedents, the discussion about the intercurrent prescription in labor courts deals with the alimentary nature on labor credit and the non-waiver principle on labor credit. In addition to the introduction of intercurrent prescription, the labor reform mitigated the principle of the official impulse in the execution phase of the labor credit, which is verified by the new wording of article 878 of the Consolidation of Labor Laws. Through a rigorous bibliographical, doctrinal, legal and jurisprudential research intend to analyze the application of article 11-A, of the Consolidation of Labor Laws in labor suits in the execution phase of the labor credit, such as the mitigation of the principle of official impulse, in order to identify possible losses to the worker and breach of the principle of non-waivable labor credit.