Unlike the civil proceedings that requires only the payment of costs for recursion purposes, in a labor there are, in some cases, not only requirement of the recollection of costs but also the recursal deposit which, together, characterize the so-called "recursal preparation" .

Labor decisions (judgments or judgments) impose on companies which dispute in the liabilities of the demands, and which are interested in that the debate matter is re-examined by the upper instance, the payment of the costs (in the percentage of 2 % on the value of the cause or condemnation) and the recursal deposit (here at a maximum amount of R $ 8,959.63 for access to the 2nd instance and R $ 17,919,26, also as a maximum value, for access to the maximum labor, the Superior Court of Work).

with the entrance in Judicial Recovery of Oi, one of the largest Brazilian telephone companies, it was evident situation already corrking in the righteousness of work: that companies that are in financial fragility, such as those in Judicial recovery, have obstaculated access to justice, since one of the conditions for resorting from labor-finishing decisions is the payment of the preparation (costs and recursal deposit). In this treadmill, Summary No. 86 of the Superior Court of Labor exempts the bankrupt mass of such an obligation. However, such a sumular provision is not manifested as to companies in judicial recovery.

We think that such reflection is of paramount importance in times of economic crisis in Brazil, in which the massive jurisprudential understanding is in the contrary. In addition, it is emphasized that this reflection is necessary, since the competent judgment to carry out the company's credit in judicial recovery is the common state justice. In addition, it is observed that the Supreme Court decided to favor the reflection here. That is, for the judge of judicial recovery in carrying out labor claims.

In the same way, it is emphasized that, with noncompliance with the STF decision by the labor judge, that is, this is performing or requiring the recursal deposit, this decision is complaint with the STF. Thus, in the face of so many inconsistencies on the recursal deposit in the face of the companies in judicial recovery, it is perceived that the most palliative measure would be the absence of obligation of those for these.