The IPCA-E - Price index to the wide special-liability defined by TST for monetary update of work justice (in plenary session of 08/08/2015), in substitution of the facdt, had its use recently suspended by the Federal Supreme Court.

It occurs that, in a recent decision by Minister Dias Toffoli of the Supreme Federal Court (STF), a laminar was deferred in order to suspend the effects of decision of the Superior Labor Court (TST), which had determined the substitution of monetary correction indices applied to labor debits.

In that decision, Minister Dias Toffoli understood that the labor court had extrapolated Understanding by the STF on the systematic payment of precatores introduced by Constitutional Amendment (EC) 62/2009, when the trial of the direct actions of unconstitutionality - ADIS - 4357 and 4425. In addition, the amendment of the monetary correction determined by the labor court had reached not only the concrete case, but all executions undergoing labor, since, in the same decision, the TST had decided to officiate the Council Labor Justice (CSJT) to provide the ratification of the "unique table" of labor justice.

In fact, the direct inconstitutionality actions cited by EC 62/2009, which instituted the special payment of payment of precatio. In such ADIS, STF understood that unconstitutional devices would be those related to the public farm, not the legal entities of private law.

In this context, the judgment of direct actions of unconstitutionality n. 4,357 and 4,425 by the Federal Supreme Court brought the discussion on the Indexor of Labor Debt, due to it declared, not only in paragraph 12 of Article 100 of the Federal Constitution and by entrainment of Article 5 of Law . 11.960 / 09, which gave new essay to art. 1 A-Law n. 9,494 / 97.

The Minister of the STF concluded that the position adopted by the TST would have usurped the competence of the higher cut itself to decide, as a last instance, based on the Federal Constitution, since the provisions of Law 8.177 / 1991 ( on indexing indexes of the economy) were not appreciated by the supreme in the Concentrated Control Control of Constitutionality or even subject to the general repercussion system.

It is highlighted, faced with the change in understanding, in the face of the transitional jurisprudential orientation n. 49 of the specialized section on the implementation of the Regional Work of the 4th Region, that some gaucho judges are determining the suspension of executions in order to avoid unnecessary manifestations and changes of calculations, until the full definition of the regional work of the 4th Region, foreseen for the beginning of December.

Logo, in view of this context, it remains unchanged Caput of Article 39 of Law no. 8.177 / 91, which provides for the implementation of the TRD for monetary update of labor debits.

Reference:

Cautionary measurement in complaint 22.012 Rio Grande do Sul