Atualização monetária dos créditos trabalhistas: uma análise sobre os novos critérios jurisprudenciais

Abstract

This work has as its objective to analyze the repercussions of the recent jurisprudence imposed by the Brazilian Supreme Court and the Brazilian Superior Labor Court in the matter of the possibility of change in the labor restatement index. The jurisprudential analysis surpassed the limits of the decision itself, so that the further investigation of the underlying fundaments of the relevant votes contributed to increasing the capacity of understanding of this very controversial and complex issue already recognized by the Taxa Referential of the Brazilian Supreme Court itself, referential as monetary correction index - as foundations used in the judgment of ADI n. 493, 4.357 and 4.425/DF. The of this work is to recognize the harmful impacts to the values and principles of the Labor Law and the Constitution, product of the injunction granted by the Minister Dias Toffoli to suspend the effectiveness of the decision in August of this year by the Superior Labor Court which again had defined the updated index as factor applicable to workers' claims, the Price Index Broad Consumer -Special (IPCA-E) to replace the Reference Rate (TR). Being the TR notoriously unfulfilling as restatement, the worthlessness of the rate must be recognized for the its use regardless of its finality, independent by nature, in strict observance of the principles of equality, ownership and effectiveness of the court decision. Once certified that the restatement does not reflect the change in the inflation rate, the replacement of the unusable index must be done by emergency measures, under the threat of serious and irreparable damage to the right to full recovery of recognized credit, especially when it comes to workers' claims, whose alimony imposes real priority in receipt.