First of all, when we talk about an Appeal for Review, we are dealing with a labor law appeal used specifically in the execution phase and not in the trial phase.
For your information, this type of appeal was already foreseen in the 1973 Code of Civil Procedure as a type of recourse. Check here for more information on Civil Procedural Law . However, currently it only exists within the scope of Labor Law proceedings.
Therefore, focusing on the Petition for Review procedure in Labor Law proceedings , we will examine its peculiarities.
What is a labor appeal?
In labor law proceedings, an Appeal for Review is the legal recourse filed to challenge final or definitive decisions issued during the execution phase by the judge or president of the respective court.
In fact, it should not be used to challenge each and every decision made at this stage, but only those of a definitive or final nature.
The provision for this resource is found in article 897 of the Consolidation of Labor Laws :
Art. 897 – An appeal may be filed within 8 (eight) days:
a) of petition, of the decisions of the Judge or President, in the executions
According to the legislation, the deadline for filing an appeal is 8 (eight) days from the date on which the decision is issued by the judge in the enforcement proceedings.
Therefore, if the deadline falls on a non-business day, it will be extended to the next business day.
It should also be noted that the Labor Prosecutor's Office, the Public Defender's Office, and the Public Treasury have double the time to file an appeal.
Appeal by Petition and Appeal by Interlocutory Decision: what are the differences in labor law proceedings?
Although both are provided for as types of appeal under Article 897 of the CLT (Consolidation of Labor Laws), the Appeal for Review and the Appeal on Interlocutory Decision have different grounds for admissibility.
In effect, the Petition for Review is properly filed during the execution phase , to challenge a final or terminating decision.
Alternatively, an interlocutory appeal is used to unblock other appeals that have been denied by a judge's ruling.
Thus, generally, an interlocutory appeal is used against interlocutory decisions , while an appeal against a decision on a petition is used for final or conclusive decisions.
What are the grounds for admissibility?
The Petition for Review, in practice, is an appeal in the execution phase, as seen previously, which can be filed in the following circumstances:
- In light of the sentence of enforcement injunctions, adjudication injunctions, or injunctions against auction.
- In light of judgments in actions of Third-Party Objections e;
- In the face of incidents to the execution or a decision that terminates the execution.
Namely, like all appeals, the interlocutory appeal must also meet certain procedural requirements, such as:
- Timeliness;
- Legitimacy;
- Interest; and
- The absence of facts that extinguish or impede the right.
However, the preparation, which is the payment of court fees, is not a requirement for filing an appeal , as it will only be charged at the end of the enforcement proceedings.
Regarding the prerequisites, Article 897, §1 also establishes one that is specific to the Appeal for Review:
"The appeal will only be accepted when the appellant justifiably delimits the matters and amounts being challenged, allowing for the immediate execution of the remaining portion until the end, either within the same proceedings or by means of a writ of execution."
This means that the appellant must specify in the appeal the reasons for the review of the matter under appeal.
This is called "delimitation of the subject matter" and serves to allow the execution to proceed in relation to other matters that are not the subject of the Appeal , as stipulated in Precedent 416 of the Superior Labor Court:
"Summary 416, TST – If the appeal against the execution order must justifiably delimit the subject matter and the amounts in dispute, the continuation of the execution regarding the topics and amounts not specified in the appeal does not violate a clear and certain right."
Therefore, it can be said that the Petition for Review does not have the suspensive effect of some appeals, but only the devolutive effect.
Who has jurisdiction to hear an appeal against a petition?
In theory, jurisdiction to hear an Appeal against a Decision depends on who issued the ruling.
Indeed, paragraph 3 of article 897 deals with regulating this issue:
“In the case of subparagraph a of this article, the appeal will be judged by the court itself, presided over by the appealed authority, unless it concerns a decision of a Labor Court Judge of First Instance or a State Judge, in which case the judgment will be the responsibility of one of the Panels of the Regional Court to which the judge who issued the sentence is subordinate, observing the provisions of article 679, to whom the judge will send the necessary documents for the examination of the disputed matter, in separate proceedings, or in the original proceedings, if the extraction of a writ of execution has been ordered.”
Therefore, when the appealed decision is issued by a judge of the first-instance labor court or a judge of law, the Appeal for Review must be addressed to the Regional Labor Court and judged by one of its panels.
Conclusion
In light of the foregoing, it is concluded that the Appeal for Review, governed by Article 897 of the CLT (Consolidation of Labor Laws), is a recourse of paramount importance for the party being sued in Labor Court proceedings.
Based on this appeal, the party against whom the judgment is being enforced may, within 8 (eight) days, challenge a final, conclusive decision that they disagree with, issued during the enforcement phase.
Furthermore, for the filing of an appeal, the payment of appeal fees is not a requirement, as they will only be charged at the end of the enforcement proceedings.
Check out this sample labor law practice document, drafted by Jouberto Cavalcante and Francisco Neto, for an Appeal in Labor Law Proceedings to help you prepare your own document: Sample Appeal.
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