Prescrição intercorrente no processo do trabalho: uma análise crítica do entendimento adotado pela reforma trabalhista

Abstract

The present work has the objective to analyzing the application of intercurrent prescription in the scope of Labor Justice. Object of great doctrinal and jurisprudential conflict in the past, such institute was included in the legal order in the year 2017, through law nº 13.467/17, also known as labor reform. This incorporation, however, has been object of criticism by the most diverse subjects of the judicial labor process, in view of the numerous controversies about its compatibility with this branch of law. Faced with this debte, the institute of intercurrent prescription is analyzed, referring to its historical origin, concept, legal foundations and different positions about the theme. It will also broach the possible consequences of the model instituted by the labor reform and the positive or negative effects of its application when faced with the characteristics of the labor process execution. Thereunto, the descriptive bibliographical research was used, in order to analyze the law and the doctrine on the broached topics, as well as documentary research of the data presented by the Labor Court about the processes under its jurisdiction. Considering the data and arguments presented, it is concluded that the Brazilian labor legislation proves to be incapable to harmoniously honor the conflicting interests of the parties of the employment relationship, and there are no institutes that effectively charge the labor credit debtor's equity against the bunch of fraud options at the disposal of those executed. It is also concluded that the labor reform did not bring any innovation that could mitigate these facts, and it is necessary to adapt the legislation to the reality of the labor process.