Súmula 245
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 | 86-86 |
Page 86
DEPÓSITO RECURSAL. PRAZO.
O depósito recursal deve ser feito e comprovado no prazo alusivo ao recurso. A interposição antecipada deste não prejudica a dilação legal.
Assunto: depósito recursal; prazo.
Legislação correlata: CLT/899, § 1º; Lei 5.584/70. Súmulas do TST relacionadas: 128; 161; 217; 426.
Comentários
Sobre o depósito recursal, ver comentários à súmula 128.
O depósito recursal deve ser comprovado no prazo de interposição do recurso. É o que dispõe a Lei 5.584/1970, art. 7º:
Art. 7º A comprovação do depósito da condenação (CLT, art. 899, §§ 1º a 5º) terá que ser feita dentro do prazo para a interposição do recurso, sob pena de ser este considerado deserto.
A importância da súmula em comento é deixar assente que a interposição antecipada do recurso não prejudica o prazo para comprovação do depósito. Assim, ainda que o recorrente interponha o recurso ordinário no 4º dia do prazo recursal de 8 dias, poderá...
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