A consolidação do TST como Corte de precedentes

Abstract

The Labor Reform prohibited precedents and other statements of jurisprudence issued by the Superior Labor Court and the Regional Labor Courts from restricting legally provided rights or creating obligations that are not provided for by law. The TST consolidated its role as a court of precedents. Changes in the Internal Regulations expanded the cases for the elaboration of qualified precedents, created a simplified procedure in the face of the mere reaffirmation of the understanding already established by the Court, and the binding precedent, similar to that developed by the Supreme Federal Court. In addition, the use of intelligence work helped in providing support for the initiation of incidents for the elaboration of precedents. What can be noted from this new vocation of the TST is that both the cancellation of outdated and merely persuasive precedents and the new binding precedents are, as a rule, more favorable to financial institutions.