Da (in)constitucionalidade do artigo 791-A § 4ª da CLT: uma análise jurisprudencial dos tribunais regionais do trabalho

Abstract

The 13.467/2017 law’s implementation, witch corresponded to the Labor Reform in Brazil, was followed by a notable drop in the filing of lawsuits in the Labor Court. Consequence of a liberal policy of reducing state intervention in labor relations, the Article 791-A, § 4, of the aforementioned law emerged as a probable cause of this decrease, and its constitutionality was challenged in court in thousands of cases throughout Brazil. This issue is still pending the position of the Superior Labor Court and the Federal Supreme Court four years after the implementation of the mentioned law. In this context, the Regional Labor Courts have established their jurisprudential position on the subject, naturally followed and applied by the judges linked to the their jurisdictions. This paper sought to describe the jurisprudential understanding expressed by each of these courts, as well as to analyze their grounds, through jurisprudential research on their websites. The examined decisions revealed that 9 of the Brazilian regional labor courts recognize the unconstitutionality of the questioned rule, while 14 recognize the constitutionality of it and one suspended the assertion of its understanding until the Federal Supreme Court ruled on the matter. Among those who recognize the constitutionality of the questioned article, 3 of them remove its effects totally or partially.