Análise da Súmula 32 do TRT-3: a mora na unificação jurisprudencial dos tribunais regionais do trabalho como ensejadora da aplicação do incidente de resolução de demandas repetitivas em matérias estritamente processuais no processo do trabalho

Abstract

The present work analyzes the precedent number 32 of the TRT-3 and the judicial treatment conferred upon lis pendens between class actions and individual actions. Intents, therefore, look into the delay of the district courts in judicial unification of the work as a possibility of the application of repetitive demands resolution incident in strictly procedural matters in the labour discussion. Through the definition of lis pendens and the absence of legislation on collective process in labour law, the consumer defense code as complementary legislation, highlighting the fact that the article that the subject does not mention class actions, thus the litigator at the mercy of his court. Highlights as a result, several different judgments on the same theme, highlighting the existence of conflicting overviews for longer period. Suggests that, in cases like this, the incident resolution could be applied to repetitive demands, laid down in the new code of civil procedure, as an instrument with greater ability to the exhaustion of the matter that the mere hopes for change internal labour courts case law.