Atualização da NR-1 do MTE - muito além de uma obrigação: boas práticas de gestão de riscos ocupacionais demonstram boa-fé para com os stakeholders[1] vinculados à empresa e permitem que esta se destaque no mercado competitivo por sua governança em conformidade com os preceitos normativos. A Norma Regulamentadora nº 1 (NR) é uma norma do Ministério do […]
CPDMA BLOG
Category: Articles
Date: 21 de November de 2023
Posted by: CPDMA Team
Suspension of labor executions against companies in the same economic group
In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process.
In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, judges often redirect the execution to another company that is part of the same group.
When the company joins as a defendant only in the enforcement phase, it does not take part in the taking of evidence or the trial of the case, but it is jointly and severally liable for the sentence imposed and may have its assets seized to pay the debt.
In such a situation, in order to lodge an appeal, the enforcement must be guaranteed by depositing the amount enforced.
The redirection of enforcement has a legal basis in art. 2, paragraph 2 of the Consolidation of Labor Laws, which defines an economic group for labor purposes.
This procedure has generated many appeals and a multiplication of divergent decisions, so the suspension aims to guarantee legal certainty until a final decision is handed down by the STF.
The Supreme Court had already recognized the general repercussion of the matter in 2022 and, in May 2023, ordered a nationwide suspension of the processing of all labor executions that deal with the issue. The decision was handed down in RE 1.387.795 by Justice Dias Toffoli.
In the trial, the STF will analyze whether a company that is part of the same economic group and did not participate in the knowledge phase can be included in the labor execution as jointly and severally liable.
This is because art. 513, paragraph 5 of the Code of Civil Procedure states that enforcement of the judgment cannot be promoted against the co-obligor or co-responsible party who did not participate in the knowledge phase.
A não observância de tal regra ofenderia os princípios constitucionais da ampla defesa, do contraditório, do devido processo legal e, também a cláusula de reserva de plenário (art. 97 da CRFB/88 e Súmula Vinculante 10 do STF).
This is how the Supreme Court will settle the issue when it decides the merits.
Conclui-se, portanto, que o assunto vem gerando divergência nas decisões e o enfrentamento pelo Supremo Tribunal Federal trará estabilidade a jurisprudência trabalhista e, ao mesmo tempo, dará mais segurança as empresas que, não raras vezes, acabam sendo responsabilizadas por débitos que não deram causa.
Recent posts
Assessment of Entitlements in Partial Dissolution of a Company: Legal and Practical Aspects
Read more
The dissolution of a company is a highly relevant topic in Corporate Law. Whether total or partial, the withdrawal, exclusion, or death of a partner can generate conflicts among those involved, especially regarding the assessment of entitlements to be paid to the withdrawing or excluded partner or their successors. The Civil Code provides general guidelines […]
The Full Bench of the Superior Labor Court (TST) established 21 binding theses on Monday (02/24), consolidating itself as a Court of Precedents.
Read more
Como forma de pacificação da jurisprudência consolidada junto aos Colegiados do TST, as teses firmadas deverão ser observadas pelos Tribunais Regionais do Trabalho. Nesta toada, a Resolução 224/2024 acrescentou dispositivos na IN 40/2016 do TST, prevendo o cabimento de Agravo Interno contra decisões dos Tribunais Regionais do Trabalho que negarem seguimento a Recurso de Revista nos casos em que o […]
STJ and the Validity of the Discount for Labor Creditors: Our Role in the Concreserv Case
Read more
The Superior Court of Justice (STJ) has begun the trial of a crucial issue for business law and judicial recovery in Brazil: the possibility of applying a discount on labor claims and creating subclasses within this category. The case under review involves the judicial recovery of the company Concreserv, which established a 90% discount on amounts exceeding 25 […]
Salary Transparency Report – Submission Deadline until February 28, 2025
Read more
Companies with 100 or more employees can now submit information for the Salary Transparency Report from February 3 to February 28, 2025, through the Emprega Brasil portal, in the employers' section. On the portal, companies must report whether they have a job and salary plan or a career plan, policies to encourage the hiring of women (such as Black women, women with disabilities, victims of violence, heads of households, and LGBTQIA+), actions to promote women to management and leadership positions, programs to support the sharing of family responsibilities, as well as the salary criteria for career progression.
Commercial Registries Now Require Publications of Corporate Acts: Understand the Changes
Read more
In recent months, several Commercial Registries in Brazil have begun requiring the publication of acts related to mergers, spin-offs, and incorporations of companies, as established in the Civil Code (Articles 1,122 and 1,152, §1) and the Corporate Law (Articles 227, §3, 228, §3, and 229, §4). Although these obligations were already stipulated by law, many […]
English 
Português do Brasil 
Español