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ARTICLE · 21 OCTOBER 2015

Adjustment Of Sums Due Before The Labor Courts

Lautenschlager, Romeiro e Iwamizu Advogados
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In a ruling issued on August 4th last, the Plenary of the Superior Labor Court of Appeals (TST) found unconstitutional the text of the caput of Article 39 of Law 8.177/91...

BrazilEmployment and HR
Lautenschlager, Romeiro E Iwamizu Advogados
Lautenschlager, Romeiro E Iwamizu Advogados

In a ruling issued on August 4th last, the Plenary of the Superior Labor Court of Appeals (TST) found unconstitutional the text of the caput of Article 39 of Law 8.177/91, which determined that the adjustment of the sums due before Labor Courts adopt the Taxa Referencial Diária (TRD) rate, which is the same that is adopted to adjust sums in savings accounts (cadernetas de poupança).

Accordingly, the labor credits amounts shall heretofore be adjusted based on the accrued change in the Special, Broad Consumer Prices Index (IPCA-E) calculated by the Brazilian Geography and Statistical Data Institute (IBGE), which was already being adopted to adjust the amounts of court payment decisions and orders amounting to small sums (RPV) of the Federal Government, as well as to the administrative decisions of the Superior Court of Appeals (TST) and Supreme Court (STF).

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