RE: Court Ruling Imminent1 Jul 2020 21:40
This is an appeal filed against a decision of a regional Labor Court that examined the issue related to the monetary correction index linked to labor credit (TR or IPCS-e)
well. In a decision issued on 06/27/2020, in the ADC / DF no. 58, the Minister Gilmar Mendes granted an injunction to suspend the judgment of all the processes involving the subject related to the monetary update index on the constitutionality credits. of articles 879, 7, 899, 4 of the CLT (as amended by Law No. 13,467 / 17) and 39, caput, 1, of Law 8,177 / 91
In this context, it is necessary to transcribe the entire content of that preliminary injunction: -In view of the above, I grant the request made and determine, from now on, ad referendum of the Full (art. 5, 1, of Law 9,882 c / c art. 21 of Law 9,868 ) the suspension of the judgment of all ongoing proceedings in the scope of Labor Justice that involve the application of articles arts. 879, 7, and 899, 4, of the CLT, as amended by Law, No. 13,467 / 2017, and art. 39, caput and 1, of Law 8,177 / 9-
Thus, bearing in mind that the present dispute involves the issue of monetary correction and that in cases of suspension, the STF's understanding has been in the sense of granting an interpretation of procedural obstacle to the analysis of merit (Complaint 35379 / DF, Rel. Minister Alexandre de Moraes: and pet 7,755 MD / DF, Minister Alexandre de Moraes), the immediate suspension of the processing of the appeal is necessary.
In view of the foregoing, I determine the suspension of the case until further decision of that Supreme Court in ADC / AF No. 58, and the deed must await the conclusion of the judgment in the Decree of the 7th Panel.
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