O novo CPC e o processo do trabalho: a instrução normativa nº 39/2016 do TST

Abstract

With the entry of the Code of Civil Process of 2015 it shows up more than necessary the definition of the relationship between civil and labour process, taking into account that Article 769 of the CLT prescribes the application of the civil process standards to the work process in case of failure, a subsidiary manner, when compatible. So, that context asks the definition, in this gray area of possible conflict between the new rules Code of Civil Procedure and the Labour Process, of which innovations brought by the diploma will benefit to the Labour Court. In this sense, the Superior Labor Court edited the Normative Instruction No. 39/2016, which defines an illustrative list of NCPC applicable standards, not applicable or applicable "in terms" to Labour Justice. However, not by far is exhausted the need to the mere indication of rules to be applied or not, because if it were so, it would be sufficient a clean and dry indication of devices as made in the mentioned normative instruction. It’s imprescindible to the law applicator to know why a particular standard is applied, and that other standard is not, and based in which legal provisions, whether the labor law or civil procedure, legal understanding or sumular this choice was based. Further, it is important to know what principles – general or specific from the labor process – are involved in conflicts and appreciated gray areas, and which was chosen in the standard defined as applicable. This makes this work reach in the current context of the inauguration of the NCPC, a self-sufficient and indispensable instrument to the interpretation of the application of new legislation to the Labour Process.