LEI NO. 13,015, OF July 21, 2014

Altera the Consolidation of Labor Laws (CLT), approved by the Decree-Law No. 5,452, from 1º from May 1943, to dispose of the processing of resources within the framework of the Justice of Work.

A CHAIRWOMAN OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º The arts. 894, 896, 897-A and 899 of the Consolidation of Labor Laws (CLT), approved by the Decree-Law n] 5,452, from 1º to May 1943, go on to invigorate with the following changes:

" Art. 894. ..........................................................................................................

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II-of the decisions of the Turks that diverge between themselves or from the decisions rendered by the Section of Individual Dissents, or contrary to the sudden or jurisprudential orientation of the Superior Court of Labour or Binding Plethes of the Supreme Court.

Single Paragraph. (Repealed).

§ 2º The divergence apt to ensejar the embargoes shall be current, not considering such an outdated by either the Superior Court of Labour or the Supreme Court, or overcome by iterative and notorious Jurisprudence of the Superior Court of Labour.

§ 3º The Minister Rapporteur will denigrate the embargoes:

I-if the contested decision is in consonance with the Tribunal's case-law-case law Top of the Labour or the Supreme Court, or with iterative, notorious and current jurisprudence of the Superior Court of Labour, by complying with it;

II-in the hypotheses of intempestivity, desertion, irregularity of representation or of absence of any other extrinsic assumption of admissibility.

§ 4º Of the denegatory decision of the embargos will be aggravated, within 8 (eight) days. " (NR)

" Art. 896. ..................................................................................................................

a) give to the same federal law device diverse interpretation of whatever other Regional Court has given to it of the Labour, in its Plene or Turma, or the Section of Individual Dysides of the Superior Court of Labour, or contrary to the uniform jurisprudence of that Court or the binding supplyof the Supreme Court;

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§ 1º The magazine resource, endowed with effect only devolutive, will be brought before the President of the Regional Labour Court, which, by reasoned decision, may receive it or denigrate it.

§ 1º-A. Under penalty of non-knowledge, it is the burden of the part:

I-indicate the excerpment of the contested decision that connces the questioning of the object controversy of the magazine feature;

II-indicate, in a way explicit and grounded, contrariness of the device of law, sudden or jurisprudential guidance of the Superior Court of Labour which confides with the regional decision;

III-expose the reasons for the reform application, impugning all the legal underpinnings of the contested decision, including upon analytical demonstration of each law device, of the Federal Constitution, of sudden or jurisprudential guidance whose counterstaging points.

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§ 3º The Regional Labour Courts shall, obligatorily, proceed to the uniformity of its jurisprudence and will apply, in the causes of the jurisdiction of the Labour Justice, in what couber, the incident of uniformity of jurisprudence provided for in accordance with Chapter I of Title IX of the Book I of the Law no 5,869, of January 11, 1973 (Code of Civil Procedure).

§ 4º When you see, of trade, or by provocation from any of the parties or the Public Prosecutor's Office, the existence of current and conflicting decisions within the same Regional Labour Court on the subject of an object of magazine appeal, the Superior Court of Labour shall determine the return of the autos to the Court of origin, in order to proceed to the uniformity of the case-law.

§ 5º The providence referred to in § 4th should be determined by the President of the Regional Labour Court, by issuing admissibility judgment on the magazine appeal, or by the Minister Rapporteur, upon irrecourse decisions.

§ 6º After the judgment of the incident referred to in § 3º, solely the regional pleas or the prevailing legal thesis in the Regional Labour and non-conflicting Tribunal with supmulant or jurisprudential guidance of the Superior Labour Court will serve as a paradigm for to viabilize the knowledge of the magazine resource, by divergence.

§ 7º The divergence apt to enlist the magazine resource should be current, not considering itself as such a bypass by the Superior Court of Labor Court or of the Supreme Court, or overcome by iterative and notorious jurisprudence of the Superior Court of Labour.

§ 8º When the appeal merges into dissense of judgment, it is incumbent on the appellant to produce proof of the jurisprudential divergence, upon certificate, copying or citation of the repository of jurisprudence, official or accredited, including in electronic media, in which there has been published the divergent decision, or still by the reproduction of available trial on the internet with indication of the respective source, mentioning, in any case, the circumstances identifying or resembling the cases confronted.

§ 9º In the causes subject to the summaries procedure, it will only be admitted magazine feature by contrariness of the uniform jurisprudence of the Superior Court of Labour or the binding pleas of the Supreme Court and for direct violation of the Federal Constitution.

§ 10. It is up to magazine appeal for violation of federal law, by jurisprudential divergence and for offense to the Federal Constitution in the tax runs and in the controversies of the execution phase involving the Negative Certifying of Labour Débites (CNDT), created by the Law no 12,440 of July 7, 2011.

§ 11. When the tempestive appeal contains formal defect that does not loom serious, the Superior Court of Labour may disregard the addiction or send sane, judging merit.

§ 12. Of the denegatory decision will fit aggravation, within 8 (eight) days.

§ 13. Given the relevance of the matter, on the initiative of one of the members of the Specialized Section in Individual Ysides of the Superior Court of Labour, approved by the majority of the members of the Section, the judgment referred to in § 3º may be affective to the Full Court. " (NR)

" Art. 897-A. ...........................................................................................................

§ 1º The material errors may be corrected for trade or the requirement of either party.

§ 2º Eventual modiactive effect of the declaration embargoes can only occur by virtue of the correction of addiction in the embargoed decision and as long as it heard the contrarian part, within 5 (five) days.

§ 3º The embargoes of declaration interrupt the period for the interposition of other resources, by either party, save when untimely, irregular the representation of the party or absent its signature. " (NR)

" Art. 899. ............................................................................................................

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§ 8º When the aggravation of instrument has the purpose of unlocking magazine feature that if insurgency against a decision that contravenes the uniform jurisprudence of the Superior Court of Labour, substantiated in its pleas or in jurisprudential guidance, there will be no compulsion to effect the deposit referred to in § 7º of this article. " (NR)

Art. 2º The Consolidation of Labor Laws (CLT), approved by the Decree-Law No. 5,452, from 1º May 1943, passes the increased invigoration of the following arts. 896-B and 896-C:

" Art. 896-B. They apply to the magazine feature, in what couber, the standards of Law No. 5,869 of January 11, 1973 (Code of Civil Procedure) relating to the judgment of the extraordinary and special repetitive resources. "

" Art. 896-C. When there is multiplicity of fundata magazine resources in identical question of law, the matter may be affected to the Specialized Section in Individual Dysides or to the Full Court, by decision of the simple majority of its members, upon application by one of the Ministers who make up the Specialized Section, considering the relevance of the matter or the existence of divergent understandings between the Ministers of that Section or of the Turks of the Court.

§ 1º The President of the Class or Specialized Section, by appointment of the rapporteurs, will affect one or more representative features of the controversy for judgment by the Specialized Section in Individual Dysides or by the Plene Court, under the rite of appeals repetitive.

§ 2º The Speaker of the Turma or the Specialized Section that affects process for trial under the rite of repetitive resources should tout communication to the remaining Presidents of Turma or Specialized Section, which will be able to affect other processes on the issue for joint trial in order to confer on the adjudicating body global view of the matter.

§ 3º The President of the Superior Court of Labour will officiate the Presidents of the Courts Regional Labour to suspend the interposed resources in cases identical to those affected as repetitive resources, up to the final pronouncement of the Superior Court of Labour.

§ 4º Caberá to the President of the Court of origin admits one or more representative features of the controversy, which will be referred to the Superior Court of Labour, staying suspended the remaining magazine resources until the final pronouncement of the Superior Court of Labour.

§ 5º The rapporteur in the Superior Court of Labor will be able to determine the suspension of the magazine or embargoes resources that have as the object controversy identical to that of the affected resource as repetitive.

§ 6º The repetitive appeal will be distributed to one of the member Ministers of the Specialized Section or the Full Court and to a Minister reviewer.

§ 7º The rapporteur will be able to request, at the Regional Labour Courts, information regarding the controversy, to be provided within 15 (fifteen) days.

§ 8º The rapporteur will be able to admit manifestation of person, organ or entity with an interest in the controversy, including as a simple assistant, in the form of the Law no 5,869, of January 11, 1973 (Civil Procedure Code).

§ 9º Received the information and, if it is the case, after fulfilling the provisions of Paragraph 7º of this article, it will have seen the Public Prosecutor's Office by the time limit of 15 (fifteen) days.

§ 10. Transcurring the deadline to the Public Prosecutor's Office and remitted copy of the report to the remaining Ministers, the process will be included in tariff in the Specialized Section or the Full Court, and should be judged with preference over the remaining ones made.

§ 11. Published the judgment of the Superior Court of Labour, the magazine appeals overstated at the origin:

I-will have denigrated follow-up in the hypothesis of the judgment under appeal coinciding with the direction regarding matter in the Court Top of the Work; or

II-will again be examined by the Court of origin in the hypothesis that the judgment resorted to diverge from the direction of the Superior Court of Labour regarding the matter.

§ 12. In the hypothesis provided for in the inciso II of § 11 of this article, held the divergent decision by the Court of origin, the examination of the admissibility of the magazine appeal will be far.

§ 13. Should the issue affected and adjudicated under the rite of repetitive appeals also contain constitutional matter, the ruling handed down by the Plene Court will not preclude the knowledge of any extraordinary resources on the constitutional question.

§ 14. To the extraordinary resources brought before the Superior Court of Labour will be applied for the procedure laid down in the art. 543-B of Law No. 5,869 of January 11, 1973 (Code of Civil Procedure), by having the President of the Superior Court of Labour select one or more representative appeals from the controversy and refer them to the Supreme Court, excelling the rest until the final pronouncement of the Court, in the form of § 1º of the art. 543-B of Law No. 5,869 of January 11, 1973 (Code of Civil Procedure).

§ 15. The President of the Superior Court of Labour will be able to officiate the Regional Labour Courts and the Presidents of the Turks and the Tribunal's Specialized Section for suspending the identical processes to those selected as representative resources of the controversy and forwarded to the Federal Supreme Court, until its definitive pronouncement.

§ 16. The decision made in repetitive appeal will not be applied to cases where it is shown that the situation of fact or law is distinct from those present in the trial process under the rite of repetitive resources.

§ 17. It will be up to review of the decision made in judgment of repetitive appeals when changing the economic, social or legal situation, in which case the legal certainty of relations firmed under the aegis of the previous decision may be respected, and the Top court of Labour modulates the effects of the decision that has changed it. "

Art. 3º This Law comes into force after decorations 60 (sixty) days of its official publication.

Brasilia, July 21, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Manoel Dias

Luís Inácio Lucena Adams