Súmula 23
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 | 23-24 |
Page 23
RECURSO.
Não se conhece de recurso de revista ou de embargos, se a decisão recorrida resolver determinado item do pedido por diversos fundamentos e a jurisprudência transcrita não abranger a todos.
Assunto: recurso de revista; embargos no TST; cabimento. Legislação correlata: CLT/894 e 896.
Súmulas do TST relacionadas: 126; 218; 296; 333; 337.
Comentários
Tanto o recurso de revista (CLT/896) quanto os embargos no TST (CLT/894) são recursos que visam à uniformização da jurisprudência. Eles não se prestam para reexaminar fatos e provas, mas apenas para matéria de direito (ver súmula 126). Por isso mesmo que as hipóteses de cabimento desses recursos são bastante restritas, dizendo-se tratar de recursos de fundamentação vinculada, diferentemente do recurso ordinário, de vinculação livre, em que qualquer inconformismo leva-o ao TRT.
Page 24
Uma das hipóteses de cabimento comum ao recurso de revista e aos embargos é a divergência.
A divergência pode-se dar em relação a decisões de outros TRTs, da Seção de Dissídios Individuais do TST, ou de súmulas do TST, no caso da revista, ou de decisões das turmas do TST, entre si, ou das decisões proferidas pela Seção de Dissídios Individuais, no caso dos embargos.
Para que esses recursos possam ser admitidos, faz-se necessário que a divergência seja bem demonstrada...
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