Course Fraga

Employment relationship of CLT Subjects Ratio Employee Employment Bilateral Re

lationship (where individual) - art. 3 CLT Employer - Company - individual (na
tural) or legal - art. 2 CLT exception is the Outsourcing, when we'll have three
people. IUS postulandi - the right to nominate himself without a lawyer. Still
exists in the legal world, has not been revoked. Section 133 CF/88 Requirements
for the Employment Relationship: 1) Personality - the employee must provide serv
ices in person, without replacement, unless the employer. The employment contrac
t of the CLT is very personal view personal = 2) charging for - does not work fo
r free. Work is under consideration payment = = salary (paid in cash - or may ha
ve pecunia utilities - fresh = salary when offered the very value => gives up fo
od, transportation, clothing). It is a part of the salary of the worker at least
30% of salary should be in money. Article 32, § CLT only when the employee work
s and earns pecunia not only housing, food ... does not cease to be employed, is
only earning wrong. 3) Usually diarist: who works once a week at a different ho
use. Once a week in a family has no ties, is not to be Domestic Domestic got to
work at least twice a week. Diarist is not domestic. Employees of CLT - Requirem
ents - To be inserted in the company's core business - Have no event, not be spo
radic - not only who is housed in the activity order is employed, but labor is a
lso needed permanently. 4) Subordination: it is legal, it follows the law, which
gives the employer the power to command and the employee the duty of obedience.
Power of command - Ius variandi
If there is excess, use the right (power) to resist (Ius Resistentiae).
5) The employee will not risk the business: Variable, Fixed and Mixed Running th
e risk is spread damage. Who gets to committee, get in different ways, not risk,
because who wins a variable has at least minimum wage. Any and Autonomous = / =
CLT The five conditions must be present to characterize the contract work of th
e CLT. - The activity may be nonprofit, but if they hire employees become compan
y (employers) for labor. Article 2 § 1 § 2 CLT: Holding = parent that has subord
inate companies forming a business group with diverse legal personalities. This
case the responsibility is joint, it can be charged to any group. Jointly = no p
reference order. Solidarity comes to the labor area. Area depend on social secur
ity and tax law specifies.
1
Farm Worker - Law 5889/73 After CF/88, came to have the same rights as urban wor
kers. Works in the field (livestock or agriculture). Article 7, XXI CF/88 urban
and rural workers have the same rights, observing the peculiarities. The Worker
ranching or farming until the 1st transformation. The rural worker works only un
til the 1st transformation, industrialization and even after it becomes urban. P
eculiarities a) Advance Notice: Advance notice of termination of the contract to
an indefinite term. It is given when there is no reason (breaking unmotivated).
Employee and employer has the obligation to give notice. Can be proportional to
length of service, but must be regulated by law. The notice is 30 days.
Art. CLT 487 - waived by CF/88.
There is no advance notice of eight days. Warning - AP Employer to the Employe
e: The employer chooses whether to be worked or compensated. Contract (CT) only
ends at the end of the AP. OJ says that the last day the contract is the last da
y of the AP. AP worked: the employee chooses reduction of two hours or not work
7 consecutive days - Article 488 CLT This two hours will be chosen by the employ
er, seven days too. If the employee does not accept = cause. Employee Employer
: The employee chooses how it will give notice to the employer, it will be worke
d or charged. Work is usually no reduction. The discount is 30 days from the ter
mination of the employee. Purpose of the AP - the employee get another job - w
aiving AP - opens the hand of the remaining value of the AP. Working with slot
h - just cause termination of the AP. Termination Indirect (just cause of the Em
ployer) - Section 483 CLT has effect similar to the cash dispensing unmotivated.
 The AP is compensated.
RURAL: the AP can be worked or compensated.
The only difference from rural to urban is that AP worked in the countryside get
s 1 day in the week. The indirect termination is equal. AP Business: Worked not
work 7 consecutive days, there is no reduction of two hours because there is no
fixed working hours.€b) Opening Night: Depends Urban category: 22 to 5 hours -
earns additional 20% of daytime hours. Reduced 52 '30 ". Rural Livestock
- 20 to 4 hours 25% charge. Reduced 60 '. Agriculture - 21 to 5 hours
2
Lawyer: 20 to 5 hours - earns additional 25%. Reduced 52 '30 ". Urban + 4 hour
s and up to six hours. - 15 minute interval + 6 hours - minimum of 1 hour up to
2 hours unless AC (collective agreement) or DC (Convention Collective) = Intrajo
rnada formed within the range of work Interjornada STQQSSD = (rest 24 hours in a
row) 11 hours in a row - art. CLT 66 Article 66 - Within two (2) working days w
ill be a minimum of eleven (11) consecutive hours for rest. 2) one working day a
nd there should be another 11 hours of rest. Interval Interjornada - art. CLT 65
Article 65 - If the employee diarist, the normal hourly wage is obtained by div
iding the daily wage corresponding to the duration of the work as required in Ar
t. 58, the number of hours of actual work. 3) Range: day of rest preferred and n
ot required on Sundays - 24 consecutive (RSR) STQQSSD R - the rest is 24 hours a
nd the interval is 11 hours giving total of 35 hours. Article 7, XV CRFB/88 RSR
- paid weekly leave is regulated by ordinance of the Ministry of Labour employee
must have a RSR every seven weeks. Profit Sharing Law art. 6 Law 10101/2000 - w
ho works in retail sales may have 1RSR every four weeks (Sunday). Rural Over 6 h
ours - minimum of 1 hour Maximum according to the usages and customs of the regi
on. The rule is indefinitely Fixed Term (term). Contract experience is 90 days.
It is rule of the rule of RSR Valley Valley Interjornada the rule of + 4 to 6 ho
urs = 15 minutes of interval Rural that works more than 6 hours = 1 hour apart.
The maximum range is in keeping with the habits and customs of the region. Emplo
yment Contract - indefinite term rule - exception: a specified period (term cont
racts)
3
For the rural situation is one of harvest = seasonally sazanois. The first miles
tone is soil preparation for planting. The end is harvest. It has number of days
. Against the term: 6 months to repeat the contract if other agreement can be fo
llowed without intermission. The contract required a Harvest interval of 6 hours
when the same product or technique to change the product or technique can hire
without the range. Who is the domestic household is not entitled to this holiday
out of CLT, are regulated by art. 7 CLT - are excluded from CLT. Article 7 - Th
e precepts contained in this consolidation, except when, in each case explicitly
stated otherwise, do not apply: a) domestic servants, thus considered, in gener
al, those who work for non- economical with the person or family within these re
sidential; 1) Law 5859/72 2) The Decree 71895/73 to domestic law the CTPS and ea
rn wages, earned the right to be insured mandatory Social Security, gave holiday
entitlement (20 days). Holidays 20 working days based on the CLT with the domes
tic CRFB/88 won a series.
Art 7, § single CRFB/88 - exhaustive
The home has no work schedule and is not entitled to overtime. It has no range o
r intrajornada interjornada has only RSR, no break for meal or night shift. The
employee's home is individual, so the household has little right because it is n
ot company employee. Requirements of an Employment Business) Individuals Emp
loyee Employee (Family - entity that resides in the same house where the home la
boratory). 2) Tying - Tying is a bland. The household has no journey, but it has
tasks to fulfill. 3) charging for - salary is against the provision. CLT can no
t be used to give rights to domestic but serves as a manual of instruction. Cash
, the household earns 30% on earnings in nature it can earn a maximum of 70%. Th
e domestic worker may laboring home winning food etc, without making money, gain
ing only be wrong. Receive until the 5th day of the subsequent month. 4) Continu
ity - acknowledges the employment relationship when you work two times per week
prevailing understanding of the diarist River TRT won per day (not domestic), cl
eaner works once a week (not home) 5) Residual Scope - is not only home. It is e
verything that is not their job. Journeyman, piscineiro, helicopter pilot, butle
r, chauffeur private. Note: When the domestic work at home and after some time w
orking in the same trade is only employed urban and non-domestic.€6) Non-Profit
(economic) - is not that the home had no activity for profit, the employer does
not have economic order. A home that is warm is not tame, as the employer uses t
heir labor for profit, develops an economic activity. Law of Domestic
4
Art 7, § single CRFB/88 a) Item IV - Minimum Wage was a right of CLT, was the re
gional minimum wages. The minimum wage is the national minimum wage. The CRFB/88
says SM is for family. Items in the SM. 1) Housing 2) Food 3) Entertainment 4)
Education 5) Health 6) Hygiene - bathing 7) Clothing - for the clothes 8) transp
ortation - take the bus 9) Social Security - retired b) Item VI - Irreducibility
Salary - does not reduce salary and ready. Nominal Reduction - reduces the deno
mination (reduced to name came to $ 500.00 receive $ 400.00). Real reduction - m
ay lose the purchase (the maid hired in 1998 and still keeps the same minimum wa
ge). May reduce if by collective agreement (CLT) - Business has no collective ba
rgaining agreement, so can not reduce the salary. The ban is to reduce monetary
(nominal), but is flexible. Household has no AC or DC, his salary is irreducible
without exception. Household is entitled to minimum wage in the category? Ans:
No, in accordance with Article 7 § CRFB unique, the item V is not part listed in
the rights granted to domestic. In Rio de Janeiro, the Governor has not enacted
a state minimum wage but set a wage floor, which can not be less than the natio
nal minimum wage. In practice, Social Security lowered the service order (SO), t
he pension payment should be about the state minimum wage R $ 326.00. c) Item VI
I - 13 Christmas bonus or salary or Troezen Law 4090/62 and subsequent amendment
s. Two installments: 1st Installment: Advance - between February and November, h
alf of the 13th salary. If you work in the month at least fifteen days, is entit
led to 13 of salary. The advance must be paid between February and November. 2nd
Installment: Supplement - must be paid by the 20th of December. The employer ca
n pay the 13 on a single parcel until November, but can not pay off in December.
Examples: Household Income $ 1,000.00 1st installment - June = $ 500.00 in Sept
ember increased R $ 1,200.00 2nd installment - 5/Dez = R $ 700.00 On 10/12 incre
ased R $ 1,300 , 00. If wage increase in 10 days after the payment of 2nd instal
lment will be a difference that can be paid by the tenth day of the following ye
ar. In January the employee may request an advance (1st installment) of the 13th
salary, along with the holidays. Law 4090/62 - minimum wage.
5
d) Item XV - Renumbered Weekly Rest (RSR) or Renumbered Weekly Rest (DSR) or wee
klies - preferably on Sundays if the household works in his day of rest must ear
n double. RSR - disciplined gain folded Law 605/49 Holiday - was not applied to
domestic CRFB/88 - Home is home. The constitution regulates the RSR at home and
not giving holiday, or household is not entitled to the holiday. If the househol
d used to play on holidays, the employer has no right to demand work, the princi
ple of most favorable condition, once given can not be taken due to the Principl
e of Law more Beneficial - (whom he can not stop giving, and has that keep on gi
ving). e) Item XVII - Holiday + 1 / 3 of domestic holidays are 20 working days.
If you work 02 times a week, the days are numbered with two each week. Domestic:
f) Item XVIII - Maternity License = 120 days - Law 8213/91. The license can be
28 days + 92 days (including day of delivery) or 28 days plus delivery over 91 d
ays. Stability of Pregnancy (some call it guarantee stability of the pregnant wo
man). Article 10, II, B ADCT Article 7, I CRFB/88 Guilt aims - the employer thre
atens to dismiss the employee without knowing that it is pregnant and without th
at she knew. Having co resignation 03 months of pregnancy (used without knowledg
e of pregnancy), it returns to work, because it was stable for 03 months. Stabil
ity include the time of license. Article 71 of Law 8213/91 Remarks 1) The home c
an not be sent away in the 8th month of pregnancy, not because she is the holder
of stability but to enter the roles in the INSS. 2) The home is licensed, and n
o stability, and can not be fired during maternity leave. 3) Domestic stability
is not when pregnant. 4) The home is licensed for 120 days and receives Social S
ecurity benefit. 5) The maid gets their own Social Security - Article 71-A § onl
y of the Law 8213/91.€The maid's employer receives Urbana, which is reimbursed b
y the Social Security act of gathering. Sole Paragraph. The paid maternity leave
referred to in this Article shall be paid directly by Social Security. Domestic
can be fired at any time, except when to take leave (eg home to eight months).
The maid has stability when pregnant, but can be fired when you make cause. To b
e considered household is what is written, if it falls "employed" is not domesti
c.
6
Specified in the proof must come home. Adoptive Mom (Maternity) - art. 71 of Law
8213/91 - novelty in 2001 and 2002 welfare law Up to 1 year of age = 120 days
; From 1 to 4 years = 60 days; From 4 years to 8 years = 30 days. Article 37
2 and following CLT => protection of women. Article 396 CLT => Delay pair breast
feeding. Section 392-CLT => copy the Social Security Law. A licensed home when i
t can not be fired. Is rejected, receiving the benefit of the INSS. g) Item XIX
- Paternity Leave
Article 10, § 1 ADCT
05 days (if born on Friday evening, the father returns to work on Wednesday - sa
ys to the day of the event); regard to the weekend and holiday. Adoptive father
has no license The CRFB/88 equaled the natural or adoptive children, not the cou
ntry. The teacher has 09 days license for marriage and death (father, mother, wi
fe and children).
h) Item XXI - Warning Proportionality of 30 days (minimum) in accordance with la
w. Art 7th century, CRFB/88 There is advance notice of 8 days as art, 487, I CLT
. Is usually given in the contract to an indefinite term, with 30 days notice. A
ccording to art. 2 CLT Employer has the power to command. The employee chooses b
etween not working 02 hours or 07 days, but it's the employer who decides when t
he employee is going to take two hours or when the will takes 7 days. Article 48
8, § single CLT. Note: Excludes when the paragraph refers to a single day, this
option no longer exists. If you get another job during the Advance Notice, it is
terminated. The employee subject option of accepting the withdrawal of the empl
oyer and vice versa. The household has no reduction of two hours because it has
the working day. The only way is not working 7 consecutive days. Rural is one da
y per week. The employee who makes soft body is called a "sloth." i) Item XXIV -
Retirement - Law 8213/91 The household is entitled to Retirement. Art. 7, XXIV
CRFB/88 does not explain how retirement. The household is entitled to retirement
, as well as their integration into Social Security. The CRFB/88 says the home i
s insured mandatory. Two rights that the household can not lose, because I have
them: Maternity , Retirement. The domestic aid disease do not have any pensio
n rights. Law 5859/72 - Law on Domestic - gives the home:
7

CTPS - 48 hours for signature of the worker, under the responsibility of the emp
loyer. INSS Holidays 20 working days; Salary (at least the minimum of pecunia =
30% and 70% fresh).
Article 7, III CRFB/88. Guarantee fund is compulsory for urban and rural areas.
The Article 20 of Law 8036/90 - specifies the chances of lifting the FGTS. Gain
two more rights in 2001: FGTS optional - Law 8036/90 and Article 3-The Unemploym
ent Insurance Act 5859/72 - Art. 6 - A, § 1 of law 5859/72. Unemployment insuran
ce - have to be collected as FGTS home for at least 15 months in the last 24 mon
ths. Just Cause - are used the requirements of Art. CLT 482, with the exception
of paragraphs c, g and the single §. Just Cause Employer - it uses the Civil Cod
e, since it applies to art. CLT 483 - contracts - except for the pact is not ful
filled. The Employment Contract art. CLT 442 - is bilateral (employee (individua
l or natural) => employer (individual or collective enterprise)). Exception: Out
sourcing (intermediation of labor). The employment relationship exists between t
he employee and the company that hires him, not between the employee and the com
pany where he serves. Among the companies there is contact of a civil nature. Pr
ecedent 331 TST. Chance to see Law 6019/74 Outsourcing Two species of the employ
ment contract: Article 443 CLT Undetermined - no date Determined to leave -
is the contract term, with a date certain to end, which can be date or event. De
termined the term itself - art. CLT 445 - maximum of two years (may be extended
for a time within the maximum). For example: 1 year + 1 year 1 year and 6 months
+ 6 months + 6 months 6meses Having extension for more than once seen the contr
act indefinitely. Length of Experience - art. § 445 single CLT For example: 45 d
ays + 45 days + 30 days 60 days 30 days 30 days + Having extension contract beco
mes indefinite.€The contract period of 90 days, extendable. Right answer in the
proof of OAB that differed was the comma. The contract Term: art. CLT 479 Employ
ers who break the contract must either compensate the missing half of the period
. Article 480 CLT - the employee who breaks the contract term has to indemnify t
he employer for damages. § 1 - is at most half of the period lacked.
8
Clause Assecuratória the reciprocal right of early termination. It is a clause t
hat ensures employee / employer to terminate the contract before it expires. If
there is a clause, it gives notice, since no one pays half of what it should not
indemnify the loss. Hours of Work Article 7, XIII CRFB/88 8 hours daily and 44
weekly hours => Full-day • Ability to hire part-time - work is no more than 25 h
ours per week (art. 58) • • • Rule prohibitive - can not work overtime (art. 59,
§ 4) Who is the full time you can spend for the part, provided with consent of
the employer and it is provided in AC or DC. Proportional gains for the official
s and working full day. Vacations - the period in accordance with the shift work
ed. (Art. 130) Days of Holiday Item Weekly Hours of Art 130A 18 22 to 25 I 16 II
14 20 through 22 15 through 20 II 12 15 IV 10 to May 10 to 10 V 8 = or <5 VI La
ck unjustified over seven times (without being followed) the vesting period, is
reduced by half to vacation. Section 130 § A single CLT = Disciplinary Suspensio
n unjustified absence (whenever that day is discounted).
•
Law Collective
Organization of Association: Article 8 CRFB/88, Art 534, 535 and 252 CLT The uni
ons are not listed in the Scope of Employment Law as being qualifier for defendi
ng the interests of workers. Can be recognized in civil law. Principles: a) the
Trade Union Unity - can not create more than one union for the same category in
the same territory - Municipality. b) The Freedom of Association - no more inter
vention from the Government in the organization or operation of the union. Your
participation is limited to the record to ensure the above principle. Nobody is
forced to join the union. Note: The trade union leaders when representatives of
the employees are enjoying stability. In securing employment the employee may be
excused for cause. Stability, not only advances the employer determine the caus
e, it is necessary to work in the Labor Court called the Judicial Inquiry (propo
sed action by the employer to establish just cause for permanent employee), it i
s necessary to: - Stable Decennial - art. CLT 492 - (there is in practice after
10 years, could only be fired for cause)
9
-
-
Trade Union Leader - art. 8, and Article VIII CRFB/88. 543, § 3 º CLT - (which i
s stable since the registration of the application until one year after the mand
ate), Member of the National Social Security - art. 3 of Law 8212/91;
-
Elected director of the Cooperative - Law 5764/71 art 55 equals art. 543, § 3 º
CLT
The State Council of Guardianship Fund (?) - Requires union survey. Stability is
very personal (pregnant woman, injured), but it is very personal representative
of the employer. And alternates representing the employees have stability. When
the stable is dismissed without observance of Just Cause, it Reintegration; com
pensation is 2nd option - when the judge decides. The compensation are wages to
which entitled in the period he was sent away. The union leader has been stable
since the registration of the application. The union must provide 24 hours of en
rollment. It is stable up to 1 year after the mandate (art. 534, § 5 CLT). Do no
t get stability in the Warning or the Contract Term. When the Union notifies the
Employer on the Registration Application, puts the date and time. There are thr
ee ways of setting up Collective Rights: 1) Collective Agreement (agreeing parti
es) - Union of Employees X one or more companies. 2) Collective Agreement (parts
Convenient) - Union of Employees Union of Employees X Definition of Agreement a
nd Convention Article 611 CLT - There is no vested right against the collective
rule. - If no extrajudicial action is necessary to collective bargaining, collec
tive bargaining proposal Courts - Union of Employers' Unions Employee X's court.
Their standards are valid up to four years. Revisional action - it is when the
standards are not agree more - art. 114, § 2 CRFB/88. You only need to disagreem
ents economic. There are disagreements in legal (law enforcement). Generates an
economic law.€The legislative powers of the Labor Court in this collective barga
ining economic. Review - Art 873 CLT - Action Review after a year of bargaining.
Amendment 45 - to enter the bargaining agreement must have art. 114, § 2 CRFB/8
8. Only required in the bargaining power of economic, there is this other bargai
ning that is a legal (only serves to enforce the law). Where is the Regulatory A
ct of the Judiciary? It is the divergence of economic nature. What's In Common A
C, DC, DC? Resp.: The union of employees. The STRIKE CRFB/88 Article 9, authoriz
ing a strike. We need a law to regulate - Law 7783/89
10
The employer must be notified normally within 48 hours if the service is essenti
al - 72 hours. Arts. 3 and 13 Law 7783/89 - The department must ensure the minim
um essential for the population. - The contract is suspended in the strike are n
ot perceived in the strike. - If it is judged and the judge have to pay wages wa
s not suspended the contract has been interrupted - There can be no waiver or hi
ring - Arts. 7 of Law 7783/89 - In the case of essential services, there may be
hiring. Ending the strike, the replacement shall be dismissed and the employee r
eturns. - LOCK OUT - is stopping the employer shall prevent the negotiation of c
laims of employees. Arts. 17 Law 7783/89. - Military has expressly prohibit the
strike. - Each class of TRT is composed of five judges, a minimum quorum of thre
e judges - each class of the TST is composed of five judges, a minimum quorum of
 three justices - The Supreme Court has jurisdiction over the resources of the J
ustice of the work, but not Organ same. - Before the EC 24/99 there were joints
of conciliation and trial, which consisted pro robin one judge and two judges cl
assicist (who were idiots.) - Where there is no stick work, the judge shall be t
he judge of the civil court, however, the appeal will be judged by TRT - art. 11
2 CRFB/88. Shares of original jurisdiction of the Stick - Labor Complaint - Judi
cial Inquiry - Notification Judicial - Judicial Protest - Action Title Extrajudi
cial Execution - Regional Labor Courts - Every location has a TRT linked to it.
Eg Acre joined with Rondônia, to the creation of 14 TRT, Sao Paulo has two TRTs
- art. CLT 674 - there are 24 TRTs. - They are formed by the Judges of the work
(when promoted by seniority or merit or appointed). - RI, on an amendment to the
regulations, c] stated that the judges of 2nd degree of the TRT are judges.
- -
The TRT is composed of at least seven judges - art. 115 CRFB/88.
In TRT, the qualified judges and judges of the fifth constitutional, occupied th
e posts of classist.
Superior Labor Court - There is only one based in Brasilia - Composed by Ministe
rs, who occupy the seats for promotion or the 5th Constitutional (MP or represen
tatives of the Bar). There are 27 ministers in TST - art. 111 CRFB/88. - In the
TST, there are 5 classes, each class with five ministers and for it to work is t
he minimum quorum of three ministers. - It has jurisdiction over resources, whic
h tried so reiterated become overviews - trial repeated appeals. It is the settl
ed understanding. Not every scoresheet has binding effect. - Actions of original
jurisdiction of the TST: Writ of Mandamus (when the authority is constraining
party TRT) Action Rescissory (tried to change regional). - Sections: Indivi
dual Disputes; Collective Disputes - The OJ trial is made of repeated actions.
Regional Labor Court of the 1st Region - A total of 54 judges, who can work in
Full, SEDI and the Gang.
11
- - -
The chair is made by the President and Vice President, Internal Affairs has the
Magistrate and Vice Magistrate. Powers of the President - Art 21:25 RI; Vice Pre
sident - art. 30 RI of the Full Board - all the judges part. Allocation has to a
pprove and modify the RI. Elects and invests the President and Vice-President an
d Corregidor and his Vice, and approves RI - art. 14 RI Special Body - art. 7 RI
- President and Vice President of the Court, Magistrate and Deputy Magistrate a
nd the oldest 11 judges that make up the Special Body. Its function is to choose
the dress of judges, gives ownership to new judges, sets criteria for promotion
. Classes - have to judge the allocation resources. There are 9 classes - art. 1
1 RI. The TRT Rio does not create Precedents in Sao Paulo creates. Sections: Jud
ge the actions: SEDI - Specialized Section on individual bargaining • Actions
originate SEDI Writ of Mandamus; Action Rescissory - art. 485 CPC Preven
tive Measures Habeas Corpus • Composition of SEDI - art.€9 RI has 18 judges
Sedici - Specialized Section on collective bargaining
-
- -
•
-
Composition of the Sedici - has 14 judges (President, Vice President more than 1
2 judges) - art. 8 RI
Prior Conciliation Commission - Article 625 A to 625 H CLT Trade Union or Trad
e Union Center (single group that make the defense of the category) Company or
Group Company tries to make the agreement before the Judiciary Committee ha
s to be equal (the representative employees and employers).
deadline 10 days to reconcile ..
Outside the scope of Justice. It is necessary to pass through it (the Commission
) before entering JT. If the term of agreement is not fulfilled, it is Action Ex
trajudicial Execution of Enforcement. If no agreement is issued a Statement of a
ttempt at conciliation. If the agreement is not made in full, the term of agreem
ent is issued with caveats. Because of the Prescription of two years (Biennial o
r extinct) the term of the process is suspended (limitation period) when the CCP
. MS - judged by the section's sentence fits the MS error in judicando Ordinary
Appeal Writ of Mandamus = Error in Judgement - when authority co-actor injures r
ight amount and certainly not supported by the Habeas Corpus Habeas Data, when a
ction does not fit. Error In Proceeding Complaint Correicional = (RC). Error in
procedure - the judge reverses the proper order of procedure. The RC is an actio
n, measure, co period of five days, tried by the Magistrate. The sentence fits A
reg. Areg = Regimental Appeal - is the appeal of the sentence correicional - Art
236 - IR A decision rejecting injunctive relief (in MS, Injunctive Relief) fits
Areg. Trial Judgement = Action = Trial Judgement Appeal
12
The appeal shall review the matter, which has two judgments of admissibility:
national court - one that gave the decision; judges whom - one that will exami
ne observe the requirements of Appeal - Legitimacy and Interest = binomial - Tim
eliness, ie , every action has run. If you appeal and grievance has a term of ei
ght days. - Preparation Costs = / appeal bond (made by reclaimed). Are supported
by claimed, moreover, the appeal bond (bond) - is a real guarantee for the succ
essful party. Who ever makes the appeal bond is claimed is observed at the ceili
ng for deposit. If the value is below the roof is collected in full, if higher,
collect the ceiling. The amount is deposited can not be moved in order to be col
lected in the FGTS account and is released by a charter by the judge. In the cas
e of interest to the complainant and claimed to have recourse to Claimed bears t
he costs and deposits. - Regular Action - Stick to the TRT. Review both matters
of fact as of law. Within 8 days. Procedure accelerated,: action up to 40 minimu
m wages. The ordinary appeal in this procedure is distributed directly to the Ra
pporteur dispensing Reviewer. The Rapporteur can only stay with the process by 1
0 days and include on the agenda for trial. The MPT is manifested in the trial,
verbally. At the trial of the action, it gives the ruling. In the procedure acce
lerated, just the reasoning and the device. If maintained the decision of the co
urt a quo is issued a certificate saying the decision was kept so plowing up the
ruling. Section 895 (RO), § 1 (accelerated, procedure) CLT
- Feature Review - TRT for TST - to take matters of law. Typical of the Labor Co
urt. Within 8 days. Three matters of law. Offense offense against the law CRFB/8
8 Divergence Jurisprudential has relevance to social, political, legal or econom
ic. Principle of Transcendence - give priority to these issues (relevance) - art
. 896 In CLT accelerated, just enter the offense CRFB/88 and divergence with the
TST summary - there is constraint of matter. = EQUIVALENT SUBSTITUTES
-
13