The 6th Panel of the Regional Labor Court of the 1st Region (TRT/RJ) dismissed an interlocutory appeal filed by the Petrobras Social Security Foundation - Petros. In its decision, the panel used Law No. 13,467/2017 (Labor Reform) as a basis, which limited the incidence of attorney's fees to the knowledge phase of labor proceedings, and did not allow them to be set in execution.In this case, Petros filed an interlocutory appeal against the decision handed down by Judge Maria Leticia Gonçalves, in the 39th VT/RJ. The magistrate ruled that succumbence fees in the execution phase of labor proceedings were undue, based on Law No. 13,467/2017, which limited their incidence to the knowledge phase of labor proceedings. "The law established that they (the fees) are applicable in the counterclaim, deliberately failing to mention the other hypotheses expressly provided for in article 85, paragraph 1 of the CPC (fulfillment of sentence, provisional or final in the execution, resisted or not, and in the appeals filed, cumulatively)," the judge noted in her decision.
In filing the appeal, Petros pointed out that the application of attorney's fees in labor enforcement works as a measure to discourage non-compliance with the judicial command. In this way, enforcement would become more effective and forceful.
In analyzing the appeal, however, the rapporteur, Judge Ângelo Galvão Zamorano, followed the opinion of the lower court. "In this way, since the payment of attorney's fees in labor proceedings is limited to the knowledge phase, it is not appropriate to set them in the execution phase," concluded the magistrate in his vote, which was unanimously followed by the members of the 6th Panel.
The appeals listed in article 893 of the CLT are admissible in decisions handed down by the Labor Court.
CASE No. 0100304-71.2019.5.01.0039 (AP)
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