Course Fraga Employment relationship of CLT Subjects Ratio Employee Employment Bilateral Rela tionship (where individual) - art

. 3 CLT Employer - Company - individual (natura l) or legal - art. 2 CLT exception is the Outsourcing, when we'll have three peo ple. IUS postulandi - the right to nominate himself without a lawyer. Still exis ts in the legal world, has not been revoked. Section 133 CF/88 Requirements for the Employment Relationship: 1) Personality - the employee must provide services in person, without replacement, unless the employer. The employment contract of the CLT is very personal view personal = 2) charging for - does not work for fr ee. Work is under consideration payment = = salary (paid in cash - or may have p ecunia utilities - fresh = salary when offered the very value => gives up food, transportation, clothing). It is a part of the salary of the worker at least 30% of salary should be in money. Article 32, § CLT only when the employee works and earns pecunia not only housing, food ... does not cease to be employed, is only earning wrong. 3) Usually diarist: who works once a week at a different house. O nce a week in a family has no ties, is not to be Domestic Domestic got to work a t least twice a week. Diarist is not domestic. Employees of CLT - Requirements To be inserted in the company's core business - Have no event, not be sporadic - not only who is housed in the activity order is employed, but labor is also ne eded permanently. 4) Subordination: it is legal, it follows the law, which gives the employer the power to command and the employee the duty of obedience. Power of command - Ius variandi If there is excess, use the right (power) to resist (Ius Resistentiae). 5) The employee will not risk the business: Variable, Fixed and Mixed Running th e risk is spread damage. Who gets to committee, get in different ways, not risk, because who wins a variable has at least minimum wage. Any and Autonomous = / = CLT The five conditions must be present to characterize the contract work of th e CLT. - The activity may be nonprofit, but if they hire employees become compan y (employers) for labor. Article 2 § 1 § 2 CLT: Holding = parent that has subordinat e companies forming a business group with diverse legal personalities. This case the responsibility is joint, it can be charged to any group. Jointly = no prefe rence order. Solidarity comes to the labor area. Area depend on social security and tax law specifies. 1 Farm Worker - Law 5889/73 After CF/88, came to have the same rights as urban wor kers. Works in the field (livestock or agriculture). Article 7, XXI CF/88 urban and rural workers have the same rights, observing the peculiarities. The Worker ranching or farming until the 1st transformation. The rural worker works only un til the 1st transformation, industrialization and even after it becomes urban. P eculiarities a) Advance Notice: Advance notice of termination of the contract to an indefinite term. It is given when there is no reason (breaking unmotivated). Employee and employer has the obligation to give notice. Can be proportional to length of service, but must be regulated by law. The notice is 30 days. Art. CLT 487 - waived by CF/88. There is no advance notice of eight days. Warning - AP Employer to the Employee: The employer chooses whether to be worked or compensated. Contract (CT) only en ds at the end of the AP. OJ says that the last day the contract is the last day of the AP. AP worked: the employee chooses reduction of two hours or not work 7 consecutive days - Article 488 CLT This two hours will be chosen by the employer , seven days too. If the employee does not accept = cause. Employee Employer: Th e employee chooses how it will give notice to the employer, it will be worked or charged. Work is usually no reduction. The discount is 30 days from the termina tion of the employee. Purpose of the AP - the employee get another job - waiving AP - opens the hand of the remaining value of the AP. Working with sloth - just cause termination of the AP. Termination Indirect (just cause of the Employer) - Section 483 CLT has effect similar to the cash dispensing unmotivated. The AP

is compensated. RURAL: the AP can be worked or compensated. The only difference from rural to urban is that AP worked in the countryside get s 1 day in the week. The indirect termination is equal. AP Business: Worked not work 7 consecutive days, there is no reduction of two hours because there is no fixed working hours.€b) Opening Night: Depends Urban category: 22 to 5 hours - ear ns additional 20% of daytime hours. Reduced 52 '30 ". Rural Livestock - 20 to 4 hours 25% charge. Reduced 60 '. Agriculture - 21 to 5 hours 2 Lawyer: 20 to 5 hours - earns additional 25%. Reduced 52 '30 ". Urban + 4 hours and up to six hours. - 15 minute interval + 6 hours - minimum of 1 hour up to 2 hours unless AC (collective agreement) or DC (Convention Collective) = Intrajorn ada formed within the range of work Interjornada STQQSSD = (rest 24 hours in a r ow) 11 hours in a row - art. CLT 66 Article 66 - Within two (2) working days wil l be a minimum of eleven (11) consecutive hours for rest. 2) one working day and there should be another 11 hours of rest. Interval Interjornada - art. CLT 65 A rticle 65 - If the employee diarist, the normal hourly wage is obtained by divid ing the daily wage corresponding to the duration of the work as required in Art. 58, the number of hours of actual work. 3) Range: day of rest preferred and not required on Sundays - 24 consecutive (RSR) STQQSSD R - the rest is 24 hours and the interval is 11 hours giving total of 35 hours. Article 7, XV CRFB/88 RSR paid weekly leave is regulated by ordinance of the Ministry of Labour employee m ust have a RSR every seven weeks. Profit Sharing Law art. 6 Law 10101/2000 - who works in retail sales may have 1RSR every four weeks (Sunday). Rural Over 6 hou rs - minimum of 1 hour Maximum according to the usages and customs of the region . The rule is indefinitely Fixed Term (term). Contract experience is 90 days. It is rule of the rule of RSR Valley Valley Interjornada the rule of + 4 to 6 hour s = 15 minutes of interval Rural that works more than 6 hours = 1 hour apart. Th e maximum range is in keeping with the habits and customs of the region. Employm ent Contract - indefinite term rule - exception: a specified period (term contra cts) 3 For the rural situation is one of harvest = seasonally sazanois. The first miles tone is soil preparation for planting. The end is harvest. It has number of days . Against the term: 6 months to repeat the contract if other agreement can be fo llowed without intermission. The contract required a Harvest interval of 6 hours when the same product or technique to change the product or technique can hire without the range. Who is the domestic household is not entitled to this holiday out of CLT, are regulated by art. 7 CLT - are excluded from CLT. Article 7 - Th e precepts contained in this consolidation, except when, in each case explicitly stated otherwise, do not apply: a) domestic servants, thus considered, in gener al, those who work for non- economical with the person or family within these re sidential; 1) Law 5859/72 2) The Decree 71895/73 to domestic law the CTPS and ea rn wages, earned the right to be insured mandatory Social Security, gave holiday entitlement (20 days). Holidays 20 working days based on the CLT with the domes tic CRFB/88 won a series. Art 7, § single CRFB/88 - exhaustive The home has no work schedule and is not entitled to overtime. It has no range o r intrajornada interjornada has only RSR, no break for meal or night shift. The employee's home is individual, so the household has little right because it is n ot company employee. Requirements of an Employment Business) Individuals Employe e Employee (Family - entity that resides in the same house where the home labora tory). 2) Tying - Tying is a bland. The household has no journey, but it has tas ks to fulfill. 3) charging for - salary is against the provision. CLT can not be

used to give rights to domestic but serves as a manual of instruction. Cash, th e household earns 30% on earnings in nature it can earn a maximum of 70%. The do mestic worker may laboring home winning food etc, without making money, gaining only be wrong. Receive until the 5th day of the subsequent month. 4) Continuity - acknowledges the employment relationship when you work two times per week prev ailing understanding of the diarist River TRT won per day (not domestic), cleane r works once a week (not home) 5) Residual Scope - is not only home. It is every thing that is not their job. Journeyman, piscineiro, helicopter pilot, butler, c hauffeur private. Note: When the domestic work at home and after some time worki ng in the same trade is only employed urban and non-domestic.€6) Non-Profit (econo mic) - is not that the home had no activity for profit, the employer does not ha ve economic order. A home that is warm is not tame, as the employer uses their l abor for profit, develops an economic activity. Law of Domestic 4 Art 7, § single CRFB/88 a) Item IV - Minimum Wage was a right of CLT, was the regi onal minimum wages. The minimum wage is the national minimum wage. The CRFB/88 s ays SM is for family. Items in the SM. 1) Housing 2) Food 3) Entertainment 4) Ed ucation 5) Health 6) Hygiene - bathing 7) Clothing - for the clothes 8) transpor tation - take the bus 9) Social Security - retired b) Item VI - Irreducibility S alary - does not reduce salary and ready. Nominal Reduction - reduces the denomi nation (reduced to name came to $ 500.00 receive $ 400.00). Real reduction - may lose the purchase (the maid hired in 1998 and still keeps the same minimum wage ). May reduce if by collective agreement (CLT) - Business has no collective barg aining agreement, so can not reduce the salary. The ban is to reduce monetary (n ominal), but is flexible. Household has no AC or DC, his salary is irreducible w ithout exception. Household is entitled to minimum wage in the category? Ans: No , in accordance with Article 7 § CRFB unique, the item V is not part listed in the rights granted to domestic. In Rio de Janeiro, the Governor has not enacted a s tate minimum wage but set a wage floor, which can not be less than the national minimum wage. In practice, Social Security lowered the service order (SO), the p ension payment should be about the state minimum wage R $ 326.00. c) Item VII 13 Christmas bonus or salary or Troezen Law 4090/62 and subsequent amendments. T wo installments: 1st Installment: Advance - between February and November, half of the 13th salary. If you work in the month at least fifteen days, is entitled to 13 of salary. The advance must be paid between February and November. 2nd Ins tallment: Supplement - must be paid by the 20th of December. The employer can pa y the 13 on a single parcel until November, but can not pay off in December. Exa mples: Household Income $ 1,000.00 1st installment - June = $ 500.00 in Septembe r increased R $ 1,200.00 2nd installment - 5/Dez = R $ 700.00 On 10/12 increased R $ 1,300 , 00. If wage increase in 10 days after the payment of 2nd installmen t will be a difference that can be paid by the tenth day of the following year. In January the employee may request an advance (1st installment) of the 13th sal ary, along with the holidays. Law 4090/62 - minimum wage. 5 d) Item XV - Renumbered Weekly Rest (RSR) or Renumbered Weekly Rest (DSR) or wee klies - preferably on Sundays if the household works in his day of rest must ear n double. RSR - disciplined gain folded Law 605/49 Holiday - was not applied to domestic CRFB/88 - Home is home. The constitution regulates the RSR at home and not giving holiday, or household is not entitled to the holiday. If the househol d used to play on holidays, the employer has no right to demand work, the princi ple of most favorable condition, once given can not be taken due to the Principl e of Law more Beneficial - (whom he can not stop giving, and has that keep on gi ving). e) Item XVII - Holiday + 1 / 3 of domestic holidays are 20 working days. If you work 02 times a week, the days are numbered with two each week. Domestic: f) Item XVIII - Maternity License = 120 days - Law 8213/91. The license can be 28 days + 92 days (including day of delivery) or 28 days plus delivery over 91 d

ays. Stability of Pregnancy (some call it guarantee stability of the pregnant wo man). Article 10, II, B ADCT Article 7, I CRFB/88 Guilt aims - the employer thre atens to dismiss the employee without knowing that it is pregnant and without th at she knew. Having co resignation 03 months of pregnancy (used without knowledg e of pregnancy), it returns to work, because it was stable for 03 months. Stabil ity include the time of license. Article 71 of Law 8213/91 Remarks 1) The home c an not be sent away in the 8th month of pregnancy, not because she is the holder of stability but to enter the roles in the INSS. 2) The home is licensed, and n o stability, and can not be fired during maternity leave. 3) Domestic stability is not when pregnant. 4) The home is licensed for 120 days and receives Social S ecurity benefit. 5) The maid gets their own Social Security - Article 71-A § only of the Law 8213/91.€The maid's employer receives Urbana, which is reimbursed by th e Social Security act of gathering. Sole Paragraph. The paid maternity leave ref erred to in this Article shall be paid directly by Social Security. Domestic can be fired at any time, except when to take leave (eg home to eight months). The maid has stability when pregnant, but can be fired when you make cause. To be co nsidered household is what is written, if it falls "employed" is not domestic. 6 Specified in the proof must come home. Adoptive Mom (Maternity) - art. 71 of Law 8213/91 - novelty in 2001 and 2002 welfare law Up to 1 year of age = 120 days; From 1 to 4 years = 60 days; From 4 years to 8 years = 30 days. Article 372 and following CLT => protection of women. Article 396 CLT => Delay pair breastfeedin g. Section 392-CLT => copy the Social Security Law. A licensed home when it can not be fired. Is rejected, receiving the benefit of the INSS. g) Item XIX - Pate rnity Leave Article 10, § 1 ADCT 05 days (if born on Friday evening, the father returns to work on Wednesday - sa ys to the day of the event); regard to the weekend and holiday. Adoptive father has no license The CRFB/88 equaled the natural or adoptive children, not the cou ntry. The teacher has 09 days license for marriage and death (father, mother, wi fe and children). h) Item XXI - Warning Proportionality of 30 days (minimum) in accordance with la w. Art 7th century, CRFB/88 There is advance notice of 8 days as art, 487, I CLT . Is usually given in the contract to an indefinite term, with 30 days notice. A ccording to art. 2 CLT Employer has the power to command. The employee chooses b etween not working 02 hours or 07 days, but it's the employer who decides when t he employee is going to take two hours or when the will takes 7 days. Article 48 8, § single CLT. Note: Excludes when the paragraph refers to a single day, this op tion no longer exists. If you get another job during the Advance Notice, it is t erminated. The employee subject option of accepting the withdrawal of the employ er and vice versa. The household has no reduction of two hours because it has th e working day. The only way is not working 7 consecutive days. Rural is one day per week. The employee who makes soft body is called a "sloth." i) Item XXIV - R etirement - Law 8213/91 The household is entitled to Retirement. Art. 7, XXIV CR FB/88 does not explain how retirement. The household is entitled to retirement, as well as their integration into Social Security. The CRFB/88 says the home is insured mandatory. Two rights that the household can not lose, because I have th em: Maternity , Retirement. The domestic aid disease do not have any pension righ ts. Law 5859/72 - Law on Domestic - gives the home: 7

CTPS - 48 hours for signature of the worker, under the responsibility of the emp loyer. INSS Holidays 20 working days; Salary (at least the minimum of pecunia =

30% and 70% fresh). Article 7, III CRFB/88. Guarantee fund is compulsory for urban and rural areas. The Article 20 of Law 8036/90 - specifies the chances of lifting the FGTS. Gain two more rights in 2001: FGTS optional - Law 8036/90 and Article 3-The Unemploym ent Insurance Act 5859/72 - Art. 6 - A, § 1 of law 5859/72. Unemployment insurance - have to be collected as FGTS home for at least 15 months in the last 24 month s. Just Cause - are used the requirements of Art. CLT 482, with the exception of paragraphs c, g and the single §. Just Cause Employer - it uses the Civil Code, s ince it applies to art. CLT 483 - contracts - except for the pact is not fulfill ed. The Employment Contract art. CLT 442 - is bilateral (employee (individual or natural) => employer (individual or collective enterprise)). Exception: Outsour cing (intermediation of labor). The employment relationship exists between the e mployee and the company that hires him, not between the employee and the company where he serves. Among the companies there is contact of a civil nature. Preced ent 331 TST. Chance to see Law 6019/74 Outsourcing Two species of the employment contract: Article 443 CLT Undetermined - no date Determined to leave - is the c ontract term, with a date certain to end, which can be date or event. Determined the term itself - art. CLT 445 - maximum of two years (may be extended for a ti me within the maximum). For example: 1 year + 1 year 1 year and 6 months + 6 mon ths + 6 months 6meses Having extension for more than once seen the contract inde finitely. Length of Experience - art. § 445 single CLT For example: 45 days + 45 d ays + 30 days 60 days 30 days 30 days + Having extension contract becomes indefi nite.€The contract period of 90 days, extendable. Right answer in the proof of OAB that differed was the comma. The contract Term: art. CLT 479 Employers who brea k the contract must either compensate the missing half of the period. Article 48 0 CLT - the employee who breaks the contract term has to indemnify the employer for damages. § 1 - is at most half of the period lacked. 8 Clause Assecuratória the reciprocal right of early termination. It is a clause tha t ensures employee / employer to terminate the contract before it expires. If th ere is a clause, it gives notice, since no one pays half of what it should not i ndemnify the loss. Hours of Work Article 7, XIII CRFB/88 8 hours daily and 44 we ekly hours => Full-day • Ability to hire part-time - work is no more than 25 hours per week (art. 58) • • • Rule prohibitive - can not work overtime (art. 59, § 4) Who is the full time you can spend for the part, provided with consent of the employer and it is provided in AC or DC. Proportional gains for the officials and workin g full day. Vacations - the period in accordance with the shift worked. (Art. 13 0) Days of Holiday Item Weekly Hours of Art 130A 18 22 to 25 I 16 II 14 20 throu gh 22 15 through 20 II 12 15 IV 10 to May 10 to 10 V 8 = or <5 VI Lack unjustifi ed over seven times (without being followed) the vesting period, is reduced by h alf to vacation. Section 130 § A single CLT = Disciplinary Suspension unjustified absence (whenever that day is discounted). • Law Collective Organization of Association: Article 8 CRFB/88, Art 534, 535 and 252 CLT The uni ons are not listed in the Scope of Employment Law as being qualifier for defendi ng the interests of workers. Can be recognized in civil law. Principles: a) the Trade Union Unity - can not create more than one union for the same category in the same territory - Municipality. b) The Freedom of Association - no more inter vention from the Government in the organization or operation of the union. Your participation is limited to the record to ensure the above principle. Nobody is forced to join the union. Note: The trade union leaders when representatives of the employees are enjoying stability. In securing employment the employee may be excused for cause. Stability, not only advances the employer determine the caus e, it is necessary to work in the Labor Court called the Judicial Inquiry (propo

sed action by the employer to establish just cause for permanent employee), it i s necessary to: - Stable Decennial - art. CLT 492 - (there is in practice after 10 years, could only be fired for cause) 9 Trade Union Leader - art. 8, and Article VIII CRFB/88. 543, § 3 º CLT - (which is st able since the registration of the application until one year after the mandate) , Member of the National Social Security - art. 3 of Law 8212/91; Elected director of the Cooperative - Law 5764/71 art 55 equals art. 543, § 3 º CLT The State Council of Guardianship Fund (?) - Requires union survey. Stability is very personal (pregnant woman, injured), but it is very personal representative of the employer. And alternates representing the employees have stability. When the stable is dismissed without observance of Just Cause, it Reintegration; com pensation is 2nd option - when the judge decides. The compensation are wages to which entitled in the period he was sent away. The union leader has been stable since the registration of the application. The union must provide 24 hours of en rollment. It is stable up to 1 year after the mandate (art. 534, § 5 CLT). Do not get stability in the Warning or the Contract Term. When the Union notifies the E mployer on the Registration Application, puts the date and time. There are three ways of setting up Collective Rights: 1) Collective Agreement (agreeing parties ) - Union of Employees X one or more companies. 2) Collective Agreement (parts C onvenient) - Union of Employees Union of Employees X Definition of Agreement and Convention Article 611 CLT - There is no vested right against the collective ru le. - If no extrajudicial action is necessary to collective bargaining, collecti ve bargaining proposal Courts - Union of Employers' Unions Employee X's court. T heir standards are valid up to four years. Revisional action - it is when the st andards are not agree more - art. 114, § 2 CRFB/88. You only need to disagreements economic. There are disagreements in legal (law enforcement). Generates an econ omic law.€The legislative powers of the Labor Court in this collective bargaining economic. Review - Art 873 CLT - Action Review after a year of bargaining. Amend ment 45 - to enter the bargaining agreement must have art. 114, § 2 CRFB/88. Only required in the bargaining power of economic, there is this other bargaining tha t is a legal (only serves to enforce the law). Where is the Regulatory Act of th e Judiciary? It is the divergence of economic nature. What's In Common AC, DC, D C? Resp.: The union of employees. The STRIKE CRFB/88 Article 9, authorizing a st rike. We need a law to regulate - Law 7783/89 10 The employer must be notified normally within 48 hours if the service is essenti al - 72 hours. Arts. 3 and 13 Law 7783/89 - The department must ensure the minim um essential for the population. - The contract is suspended in the strike are n ot perceived in the strike. - If it is judged and the judge have to pay wages wa s not suspended the contract has been interrupted - There can be no waiver or hi ring - Arts. 7 of Law 7783/89 - In the case of essential services, there may be hiring. Ending the strike, the replacement shall be dismissed and the employee r eturns. - LOCK OUT - is stopping the employer shall prevent the negotiation of c laims of employees. Arts. 17 Law 7783/89. - Military has expressly prohibit the strike. - Each class of TRT is composed of five judges, a minimum quorum of thre e judges - each class of the TST is composed of five judges, a minimum quorum of three justices - The Supreme Court has jurisdiction over the resources of the J ustice of the work, but not Organ same. - Before the EC 24/99 there were joints

of conciliation and trial, which consisted pro robin one judge and two judges cl assicist (who were idiots.) - Where there is no stick work, the judge shall be t he judge of the civil court, however, the appeal will be judged by TRT - art. 11 2 CRFB/88. Shares of original jurisdiction of the Stick - Labor Complaint - Judi cial Inquiry - Notification Judicial - Judicial Protest - Action Title Extrajudi cial Execution - Regional Labor Courts - Every location has a TRT linked to it. Eg Acre joined with Rondônia, to the creation of 14 TRT, Sao Paulo has two TRTs art. CLT 674 - there are 24 TRTs. - They are formed by the Judges of the work (w hen promoted by seniority or merit or appointed). - RI, on an amendment to the r egulations, c] stated that the judges of 2nd degree of the TRT are judges. - The TRT is composed of at least seven judges - art. 115 CRFB/88. In TRT, the qualified judges and judges of the fifth constitutional, occupied th e posts of classist. Superior Labor Court - There is only one based in Brasilia - Composed by Ministe rs, who occupy the seats for promotion or the 5th Constitutional (MP or represen tatives of the Bar). There are 27 ministers in TST - art. 111 CRFB/88. - In the TST, there are 5 classes, each class with five ministers and for it to work is t he minimum quorum of three ministers. - It has jurisdiction over resources, whic h tried so reiterated become overviews - trial repeated appeals. It is the settl ed understanding. Not every scoresheet has binding effect. - Actions of original jurisdiction of the TST: Writ of Mandamus (when the authority is constraining p arty TRT) Action Rescissory (tried to change regional). - Sections: Individual D isputes; Collective Disputes - The OJ trial is made of repeated actions. Regiona l Labor Court of the 1st Region - A total of 54 judges, who can work in Full, SE DI and the Gang. 11 - - The chair is made by the President and Vice President, Internal Affairs has the Magistrate and Vice Magistrate. Powers of the President - Art 21:25 RI; Vice Pre sident - art. 30 RI of the Full Board - all the judges part. Allocation has to a pprove and modify the RI. Elects and invests the President and Vice-President an d Corregidor and his Vice, and approves RI - art. 14 RI Special Body - art. 7 RI - President and Vice President of the Court, Magistrate and Deputy Magistrate a nd the oldest 11 judges that make up the Special Body. Its function is to choose the dress of judges, gives ownership to new judges, sets criteria for promotion . Classes - have to judge the allocation resources. There are 9 classes - art. 1 1 RI. The TRT Rio does not create Precedents in Sao Paulo creates. Sections: Jud ge the actions: SEDI - Specialized Section on individual bargaining • Actions orig inate SEDI Writ of Mandamus; Action Rescissory - art. 485 CPC Preventive Measure s Habeas Corpus • Composition of SEDI - art.€9 RI has 18 judges Sedici - Specialized Section on collective bargaining - • Composition of the Sedici - has 14 judges (President, Vice President more than 1 2 judges) - art. 8 RI Prior Conciliation Commission - Article 625 A to 625 H CLT Trade Union or Trade

Union Center (single group that make the defense of the category) Company or Gro up Company tries to make the agreement before the Judiciary Committee has to be equal (the representative employees and employers). deadline 10 days to reconcile .. Outside the scope of Justice. It is necessary to pass through it (the Commission ) before entering JT. If the term of agreement is not fulfilled, it is Action Ex trajudicial Execution of Enforcement. If no agreement is issued a Statement of a ttempt at conciliation. If the agreement is not made in full, the term of agreem ent is issued with caveats. Because of the Prescription of two years (Biennial o r extinct) the term of the process is suspended (limitation period) when the CCP . MS - judged by the section's sentence fits the MS error in judicando Ordinary Appeal Writ of Mandamus = Error in Judgement - when authority co-actor injures r ight amount and certainly not supported by the Habeas Corpus Habeas Data, when a ction does not fit. Error In Proceeding Complaint Correicional = (RC). Error in procedure - the judge reverses the proper order of procedure. The RC is an actio n, measure, co period of five days, tried by the Magistrate. The sentence fits A reg. Areg = Regimental Appeal - is the appeal of the sentence correicional - Art 236 - IR A decision rejecting injunctive relief (in MS, Injunctive Relief) fits Areg. Trial Judgement = Action = Trial Judgement Appeal 12 The appeal shall review the matter, which has two judgments of admissibility: na tional court - one that gave the decision; judges whom - one that will examine o bserve the requirements of Appeal - Legitimacy and Interest = binomial - Timelin ess, ie , every action has run. If you appeal and grievance has a term of eight days. - Preparation Costs = / appeal bond (made by reclaimed). Are supported by claimed, moreover, the appeal bond (bond) - is a real guarantee for the successf ul party. Who ever makes the appeal bond is claimed is observed at the ceiling f or deposit. If the value is below the roof is collected in full, if higher, coll ect the ceiling. The amount is deposited can not be moved in order to be collect ed in the FGTS account and is released by a charter by the judge. In the case of interest to the complainant and claimed to have recourse to Claimed bears the c osts and deposits. - Regular Action - Stick to the TRT. Review both matters of f act as of law. Within 8 days. Procedure accelerated,: action up to 40 minimum wa ges. The ordinary appeal in this procedure is distributed directly to the Rappor teur dispensing Reviewer. The Rapporteur can only stay with the process by 10 da ys and include on the agenda for trial. The MPT is manifested in the trial, verb ally. At the trial of the action, it gives the ruling. In the procedure accelera ted, just the reasoning and the device. If maintained the decision of the court a quo is issued a certificate saying the decision was kept so plowing up the rul ing. Section 895 (RO), § 1 (accelerated, procedure) CLT - Feature Review - TRT for TST - to take matters of law. Typical of the Labor Co urt. Within 8 days. Three matters of law. Offense offense against the law CRFB/8 8 Divergence Jurisprudential has relevance to social, political, legal or econom ic. Principle of Transcendence - give priority to these issues (relevance) - art . 896 In CLT accelerated, just enter the offense CRFB/88 and divergence with the TST summary - there is constraint of matter. = EQUIVALENT SUBSTITUTES 13