Art. 775. Prazos Processuais
Autor | Domingos Sávio Zainaghi - Luis Guilherme Krenek Zainaghi |
Páginas | 101-102 |
Page 101
A reforma trabalhista seguiu a principiologia do processo comum, e então trouxe que os prazos passarão a ser contados em dias úteis e não mais em dias corridos.
Esta é uma grande vitória para a advocacia, que via os seus prazos redu-zindo-se enquanto gozavam de seus dias de descanso.
Não houve qualquer mudança no que tange ao início ou término da contagem, pois ainda se exclui o dia do começo e inclui o dia do vencimento.
Existe entendimento no sentido de que sábado é considerado dia útil para fins de contagem de prazo, mas não há como pactuar neste sentido, pois o sábado não é dia útil forense, não há prazos findados no sábado, nem tampouco realização de audiências.
Os prazos poderão ser prorrogados pelo magistrado quando este entender necessário, ou em virtude de força maior. Prazos como os de recursos não poderão ser prorrogados ou dilatados pelo magistrado.
Assim, a redação do art. 775 passou a ser da seguinte forma:
Page 102
Art. 775. Os prazos estabelecidos neste Título serão contados em dias úteis, com exclusão do dia do começo e inclusão do dia do vencimento.
§ 1º Os prazos podem ser prorrogados, pelo tempo estritamente necessário, nas seguintes hipóteses:
I quando o juízo entender necessário;
II em virtude de...
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