The Immediate Incidence of the Labor Reform (Law No. 13,467/2017) on Existing Employment Contracts from the Perspective of TST Theme 23

Abstract

The Labor Reform, enacted by Law No. 13.467/2017, introduced significant changes to the Consolidation of Labor Laws (CLT), sparking debates on its immediate application to ongoing employment contracts. The Superior Labor Court (TST), in judging Theme 23, consolidated the understanding that the reform applies immediately to existing contracts, regulating rights whose factgenerating events occurred after its enactment. This article analyzes the application of the Labor Reform from the perspective of intertemporal law, addressing concepts such as acquired rights, perfected legal acts, and the principle of non-retroactivity, as well as discussing the prohibition of social retrogression as a limit to legislative reforms. It concludes that, although the TST’s decision has promoted legal certainty, tensions persist between the protection of consolidated rights and the need for legal modernization, requiring critical reflection to balance progress and social justice.