Da (in) constitucionalidade do recolhimento obrigatório de depósito recursais trabalhista à luz do tema 679 do STF

Abstract

The appeal bond is a requirement for admissibility of appeal that is still in force 111 the labor courts, whose purpose, in theory, would be to be the element able to ensure a better procedural speed by discouraging the filing of appeals manifestly protelatory by the convieted parties or at least create an obstacle for such, side by side with the function of facilitating a future execution in case the sentence to be appealed is confirmed. However, this legal institute ends up being controversial and often in dircct contradiction with some of the most ñundamental principles and rights guaranteed to litigants by the Federal Constitution, since it conditions the right to appeal to thc prior payment of a conviction that is not yet able to take effcct. In this way, it is possible to verify a potential violation of the dietates of ample defense, of the adversarial principle, of the inalienability of jurisdiction and of thc double degree of jurisdiction. In a not very different eontext, the Federal Supreme Court (STF) established Theme 679 in general repercussion, recognizing the unconstitutionality of the rule that provided for the need for compulsory deposit for extraordinary appeals, however, its fundamentals are easily extended to labor appcals of all instanccs.