LEI No. 10,537, DE August 27, 2002

Altera the arts. 789 and 790 of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452, 1º May 1943, on cost and emoluments of Labour Justice, and adds the arts. 789-A, 789-B, 790-A and 790-B.

THE PRESIDENT OF THE REPUBLIC

MAKE IT KNOW THAT THE NATIONAL CONGRESS DECREES AND I SANCTION THE FOLLOWING LAW:

Art. 1ºOs arts. 789 and 790 of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452, from 1º May 1943, pass into vigorous with the following essay:

?Section III

From the Costs and Emoluments

Art. 789. In the individual and collective dissent of the work, the actions and procedures for the competence of the Labour Justice, as well as in the demands proposed before the State Justice, in the exercise of the Labour jurisdiction, the costs relating to the knowledge process will focus on the basis of 2% (two per cent), observed the minimum of R$ 10.64 (ten reais and sixty-four cents) and will be calculated:

I-when there is agreement or conviction, on the respective value ;

II-when there is extinction of the process, without judgment of merit, or judged totally unfounded on the application, on the value of the cause ;

III-in the case of provenance of the application formulated in declaratory action and in constitutive action, on the value of the cause ;

IV-when the value is indeterminate, over the that the judge fixate.

§ 1º The expense will be paid for the venue, after the transit on trial of the ruling. In the case of appeal, the expense will be paid and proven to be collected within the recursal time limit.

§ 2º Not being liquid the conviction, the judgment will arbitrate you the value and set the amount of the procedural costs.

§ 3º Whenever there is agreement, if another form is not conventional, the payment of the expense shall be in equal parts to the litigants.

§ 4º In the collective Odysides, the parties won will respond in solidarity by the payment of the costs, calculated on the arbitration value in the decision, or by the President of the Court.? (NR)

?Art. 790. In the Varas of Labour, in the Juizos of Law, the Courts and the Superior Court of Labour, the form of payment of the costs and emoluments will obey the instructions that will be expedited by the Superior Labour Court.

§ 1º Dealing with employee who does not have obtained the benefit of free justice, or exemption from expense, the union that there is intervention in the proceedings will respond in solidarity by the payment of the due costs.

§ 2º In the case of non-payment of the costs, it shall be carried out of the respective importance, in accordance with the procedure laid down in Chapter V of this Title.

§ 3º It is open to judges, judgemental bodies and presidents of the courts of the work of any instance granting, on application or of office, the benefit of free justice, including as far as the rear and instruments, to those who perceive salary equal to or less than double the minimum legal, or declare, under the terms of the law, that they are not in a position to pay the costs of the proceedings without prejudice to their own livelihood or their family.? (NR)

Art. 2º Consolidation of the Labor Laws-CLT, approved by Decree-Law No. 5,452, from 1º May 1943, passes the increased vigour of the following arts. 789-A, 789-B, 790-A and 790-B:

?Art. 789-A. In the execution process are due expense, always of responsibility of the executed and paid to the final, of compliance with the following table:

I-autos of snatching, of adjudication and of remitting: 5% (five per cent) over the respective value, up to the maximum of R$ 1,915.38 (one thousand, nine hundred and fifteen reais and thirty-eight cents) ;

II-acts of the officers of justice, by certified diligence:

a) in urban area: R$ 11.06 (eleven real and six pennies) ;

b) in rural area: R$ 22.13 (twenty-two real and thirteen cents) ;

III-aggravating instrument: R$ 44.26 (forty and four reais and twenty-six cents) ;

IV-aggravation of petition: R$ 44.26 (forty and four reais and twenty-six cents) ;

V-embargoes on execution, third-party embargoes and embargoes on the creation: R$ 44.26 (forty-four real and twenty-six cents) ;

VI-magazine feature: R$ 55.35 (fifty and five reais and thirty-five cents) ;

VII-impurition to the settlement sentence: R$ 55.35 (fifty and five royal and thirty-five cents) ;

VIII-storage expense in deposit judicial-per day: 0.1% (one tenth per cent) of the valuation value ;

IX-settlement calculations carried out by the judgment counter-on the liquidated value: 0.5% (five tenths per cent) up to the limit of R$ 638.46 (six hundred and thirty-eight reais and forty six cents).?

?Art. 789-B. The emoluments will be borne by the Applicant, on the values set out in the following table:

I-rear authentication of parts upon reprographic copy presented by the parts-per sheet: R$ 0.55 (fifty and five cents of real) ;

II-photocopy of parts-per sheet: R$ 0.28 (twenty-eight cents of real) ;

III-parts authentication-per sheet: R$ 0.55 (fifty-five cents real) ;

IV-letters of sentence, of adjudication, of remand and creation-per sheet: R$ 0.55 (fifty and five cents real) ;

V-certificates-per sheet: R$ 5.53 (five reais and fifty-three cents).?

?Art. 790-A. They are exempt from the payment of expense in addition to the recipients of free justice:

I-the Union, the States, the Federal District, the Municipalities and their respective federal, state or municipal authorities and foundations that do not exploit economic activity ;

II-the Public Prosecutor's Office.

Single Paragraph. The exemption provided for in this article does not reach the supervising entities of the professional exercise, nor does it exonerate the legal persons referred to in the inciso I of the obligation to reimburse the judicial expenses incurred by the winning party.?

?Art. 790-B. The responsibility for the payment of the pericial fees is of the succumbing part in the pretense object of the expertise, save if it benefits from free justice.?

Art. 3º This Act comes in in effect after decoration 30 (thirty) days of its official publication.

Brasilia, August 27, 2002 ; 181º of the Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Paulo Jobim Filho