TST Advances in the Standardization of Jurisprudence with 18 new themes of reaffirmation of understanding

The TST used as a selection criterion subjects about which there was already uniformity among all its classes

The Plenary of the Superior Labor Court, in a session held this Monday (03/24/2025), issued 18 new decisions in procedures for reaffirming jurisprudence. The matters judged were already settled, but were submitted to the repetitive appeals procedure with the aim of making compliance with the established understandings mandatory.

The decision is consistent with the movement initiated last week, when 21 other binding issues were approved.

According to the president of the TST, Minister Aloysio Corrêa da Veiga, the system of reaffirming case law, adopted by the Court based on changes to the rules approved at the end of last year, aims to create qualified and mandatory precedents that, in addition to reinforcing legal certainty, equality and efficiency, optimize the Court's efforts.

The new themes cover several issues relevant to Labor Law, such as severance pay, additional payments, working hours, salary equalization, among other matters that frequently generate controversy in regional courts.

Among them, the judgment of Process RRAg-0000031-72.2024.5.17.0101 stands out, in which the understanding was established that the reversal of just cause in court does not eliminate the application of the fine provided for in article 477, paragraph 8, of the CLT, except when it is proven that the employee caused the delay in the payment of termination benefits.

The thesis that the fact that the witness has ongoing legal action against the same employer, even when there are identical requests, does not make him suspect was also established in the judgment of Case RR-0000050-02.2024.5.12.0042.

In Process RRAg-0000113-77.2023.5.05.0035, the thesis was established that it is the employer's burden to prove the effective impossibility of controlling external working hours.

Another highly relevant topic concerns subsidiary liability in outsourcing. In the judgment of Case RR-0010902-17.2022.5.03.0136, the TST established the understanding that the provision of outsourced services to a plurality of recipients, simultaneously, does not eliminate the subsidiary liability of those who effectively benefited from the services performed.

The full text of the theses will still be officially published, when their reasons will be fully known. The theses will be binding on all bodies of the Labor Court, ensuring uniform guidance in future decisions on the respective matters.

It is also worth noting that in the same session the Plenary also approved the referral of 31 topics for the establishment of incidents of repetitive appeals. These other topics, however, unlike those that were judged last Monday (24/03), still present divergences between the Panels and the SDI-1 and, therefore, require standardization.

The full list of theses can be found at: https://tst.jus.br/-/tst-reafirma-jurisprud%C3%AAncia-em-novos-temas-e-cria-novos-incidentes-de-recursos-repetitivos

Prepared by Milena Carvalho

Email: labor@mellopimentel.com.br