Reforma trabalhista: a prescrição intercorrente no direito do trabalho

Abstract

The Labor Reform, regulated by Law No. 13.467/17, brought important changes in the Labor Law, Process and Justice, in particular, by expressly foreseeing the application of the intercurrent prescription institute to the labor market, placing a "pad of lime" in a controversial doctrine and jurisprudence long disputed, in particular by the disagreement of two antagonistic Supplements in the legal order of the country, namely, Precedent 327 of the Federal Supreme Court, which already admitted intercurrent prescription in labor law, and Precedent No. 114 Superior Court of Labor, which rejects in labor law the application of such an institute. Faced with the innovation of the Reform, in view of the consequences that it may advocate, the labor judge should bear in mind that it is part of a branch of specialized law, endowed with its own rules, principles and methodological conduct. The Reformation will be what we, interpreters of the legal text, make of it, guiding by interpreting it in the light of the Federal Constitution and the primordial principles that govern the Labor Process.