Súmula 200
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 | 75-75 |
Page 75
JUROS DE MORA. INCIDÊNCIA.
Os juros de mora incidem sobre a importância da condenação já corrigida monetariamente.
Assunto: juros de mora; correção monetária.
Legislação correlata: Lei 8.177/91. Súmulas do TST relacionadas: 211.
Comentários
Juros são a remuneração do capital. Juros de mora são a remuneração do capital devido em razão do atraso no cumprimento da obrigação.
Os juros de mora são devidos à base de 1% ao mês, de forma simples e não capitalizados, e devem ser computados desde a data do ajuizamento da ação, conforme preceitua a Lei 8.177/91, art. 39, § 1º:
§ 1º. Aos débitos trabalhistas constantes de condenação pela Justiça do Trabalho ou decorrentes dos acordos feitos em reclamatória trabalhista, quando não cumpridos nas condições homo-logadas ou constantes do termo de conciliação, serão acrescidos, nos juros de mora previstos no caput juros de um por cento ao mês, contados do ajuizamento da reclamatória e aplicados pro rata die, ainda que não explicitados na sentença ou no termo de conciliação.
Não se confundem, os juros, com a correção monetária, que é apenas a recomposição do valor da moeda. A correção monetária serve para evitar a desvalorização...
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