In a recent decision, Minister Gilmar Mendes, of the Supreme Federal Court, dismissed the extraordinary appeal in Aggravo n. 1.160.361 / SP, to assert the decision of the Superior Court of Labor which admitted the inclusion, in the passive pole, in the implementation of implementation, of the company belonging to the same economic group of the employer, even without having participated in the process knowledge phase .
For the rapporteur, it is unfeasible to promote, from the validity of the 2015 Civil Code of Procedure, the implementation in the face of the one who did not integrate the procedural relationship in the knowledge phase.
In fact, the paragraph 5 of Article 513 of the CPC stipulates that the fulfillment of judgment can not be promoted in the face of the guarantor, of the co-educated or the correspondence that has not participated in the knowledge phase. It is a rule that must be subsidiarily applied within the scope of labor law, according to the Minister Gilmar Mendes.
The Minister Rapporteur also referred in its decision that it is necessary to review the cancellation of the TST Summary 205, according to which "The Solidarity Officer, a Member of the Economic Group, which did not participate in the procedural relationship as complained and that, Therefore, it is not in the Judicial Executive Title as a debtor, can not be taxable on execution. "
Based on this, Gilmar Mendes understood that the Court disrespected the Binding Summary 10 of the STF and, consequently, the plenary reserve clause provided for in Article 97 of the Federal Constitution, by admitting the inclusion of the company belonging to the same group of the employer sentenced in the passive pole of execution, even without the participation of this in the procedural instruction.
Important to note that the recognition of the procedure error by court Quo can have a broader practical effect: the targeting sealing of executions against societies belonging to the same economic group of the employer have not participated in the process knowledge phase.
