The Superior Labor Court (TST) approved new rules that change the appeals available in certain decisions by the Regional Labor Courts (TRTs).
The changes came into effect on February 24, 2025 and are provided for in Resolution 224/2024. The main change occurs when an Appeal for Review is denied by the TRT based on already consolidated decisions (the so-called qualified precedents, such as repetitive or high-impact cases). In these cases, the appropriate appeal will be the internal appeal, and no longer the appeal on the merits.
Another important change allows for the simultaneous filing of an internal appeal and an appeal on a procedural basis, when there are distinct parts of the appeal that are not based on these precedents. In this situation, the appeal on a procedural basis will only be analyzed after the decision on the internal appeal. However, if the internal appeal is denied, it will not be possible to file another appeal against this decision.
This update to Normative Instruction 40/2016 seeks to make the appeals system more efficient. In 2024 alone, up to November, the TST received more than 314 thousand appeals in appeals, representing almost 60% of the new processes.
If you have any questions about these changes and their impacts, our team is available to help.
Simões Ribeiro Lawyers.
