Súmula 187
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 | 71-71 |
Page 71
CORREÇÃO MONETÁRIA. INCIDÊNCIA.
A correção monetária não incide sobre o débito do trabalhador reclamante.
Assunto: correção monetária.
Legislação correlata: Lei 6.899/1981.
Súmulas do TST relacionadas: 200; 211; 304; 311; 381; 439.
Comentários
Sobre correção monetária, ver súmula 200.
O débito do trabalhador reclamante mencionado na súmula pode surgir, no processo, de duas formas: através de compensação (formulada na contestação - súmula 48) ou em reconvenção. Entende o TST que não incide correção monetária sobre esse débito, ao fundamento de que inexiste lei que a preveja, quer dizer, não há lei que disponha sobre correção monetária do débito do trabalhador.
Não concordamos, todavia, com esse entendimento. Correção monetária não é ganho de capital, mas mera recomposição do poder da moeda em face da inflação. Corrigindo-se monetariamente o débito que a reclamada tem para com o reclamante sem que se corrija o débito do reclamante para com a reclamada, está se dando tratamento diferenciado, sem qualquer razão, além do que está propiciando um enriquecimento sem causa.
Além disso, a Lei 6.899/1981, art. 1º...
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