It is expected that the text will be sanctioned by Dilma until the beginning of February.
While the new CPC (PLS 166/10) does not arrive, the legal community is studying the changes that the future compendium will bring to the procedural rite.
The work process does not escape this context, as noted by lawyer Ana Lúcia Pinke Ribeiro de Paiva, from Araújo e Policastro Advogados. According to her, the lawyer who works for JT must be aware of the legislative changes in the new compendium, as they can also be applied to the procedural rite in JT.
In fact, the CLT already dealt with the subsidiary application of the CPC:
“Art. 769 – In omitted cases, common procedural law will be a subsidiary source of procedural labor law, except where it is incompatible with the rules of this Title.”
Ana Lúcia ponders that the labor lawyer had to examine “the CPC provisions carefully, before adopting them, thus avoiding losses resulting from the application of incompatible rules”.
Now, the new CPC provides for supplementary or accessory application to the work process, alongside the pre-existing subsidiary, “which requires extra attention so that the necessary compatibility is not forgotten”, warns the lawyer.
See PLS 166/10 device:
“Art. 14 In the absence of norms that regulate criminal, electoral, administrative or labor proceedings, the provisions of this Code will be applied to them supplementarily.”
In the assessment of Ana Lúcia Pinke Ribeiro de Paiva, the new CPC not only ratifies the content of article 769 but also highlights the supplementary role of that application.
“One can have the false initial impression that the CLT already expressly authorized what the new CPC proposes, which means that nothing new would bring the article of the new CPC directly, but only indirectly. drafting of the new CPC give way to much more than mere subsidiarity, we understand that the operators of Labor Law and the Judiciary, in general, cannot lose sight of the requirement of compatibility, when developing their important role of sedimentation of jurisprudence , which will certainly be renewed with the edition of the new CPC. Therefore, it is essential to analyze compatibility between omissions, devices of subsidiary and / or supplementary application, as well as the principles that govern Material Labor Law. Recently, we saw something similar, with respect to labor execution, with respect to the application of the provisions contained in article 475-J, of the hitherto current CPC. ” (emphasis added)
The expectation is that the new CPC will be sanctioned by Dilma until the beginning of February. The text, however, has not yet been sent by the Senate.
Author: Ana Lúcia Pinke Ribeiro de Paiva
Published on Migalhas | January 21, 2015