Súmula 158
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 65-65 |
Page 65
AÇÃO RESCISÓRIA.
Da decisão de Tribunal Regional do Trabalho, em ação rescisória, é cabível recurso ordinário para o Tribunal Superior do Trabalho, em face da organização judiciária trabalhista.
Assunto: ação rescisória; recurso.
Legislação correlata: CPC/485 [NCPC/966]; CLT/895. Súmulas do TST relacionadas: 99; 100; 161; 192; 219; 259; 298; 299; 365; 398; 400; 401; 402; 403; 404; 405; 406; 407; 408; 410; 411; 412; 413; 425.
Comentários
Sobre ação rescisória, ver comentários à súmula 83. A ação rescisória é admitida na Justiça do Trabalho por força da CLT/836. Embora prevista originariamente no CPC, ela deve se adaptar ao sistema recursal da CLT e à organização judiciária trabalhista.
Como se trata de uma ação de competência originária do Tribunal, a ação rescisória será julgada pelo TRT e, eventual recurso, pelo TST. E pelo sistema recursal estabelecido pela CLT, o recurso cabível, nesse caso, é o recurso ordinário, conforme dispõe a CLT/895, II:
Art. 895. Cabe recurso ordinário para a instância superior:
[...]
II - das decisões definitivas ou terminativas dos Tribunais...
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