A prescrição intercorrente nos créditos trabalhistas constituídos antes da vigência da lei 13.467/17 (reforma trabalhista)

Abstract

With the advent of the labor reform, the intercurrent prescriptive period (two years) was positive for labor claims constituted by means of a judicial enforcement order. On the contrary, prior to the enactment of the Law, in view of the principle of worker protection, jurisprudential practice was based on the official impulse, restricting the incidence of intercurrent prescription in labor claims constituted through actions of knowledge of the competence of labor justice. In this way, the introduction of intercurrent prescription led to the inevitable problem of workers' vulnerability, arising from the need to debate - considering the principle of worker protection - and evaluation of the effects of the modification of the labor reform in the scope of judicial jurisdiction proceedings of labor justice, specifically the incidence of intercurrent prescription in the labor claims constituted before the validity of the labor reform. Within this context, the discussion about the Constitution arises as an instrument of protection of the Society in the face of the State, as a means of verifying safe parameters for the scope of determining the scope and effects of the legislation arising from the labor reform. The importance of legal certainty for the incidence or not of the intercurrent prescription in the labor credits in the face of the principleological protection to the worker and the normative force of the Constitution, observing a hermeneutic of a Guarantor character. In the presented context, the present study will seek to answer if it would be possible to prevent the incidence of intercurrent prescription in judicial proceedings of labor justice jurisdiction with credits constituted before the validity of the labor reform, still in progress in the execution phase, after the validity of the aforementioned reform.