Súmula 279
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 | 95-96 |
Page 95
RECURSO CONTRA SENTENÇA NORMA-TIVA. EFEITO SUSPENSIVO. CASSAÇÃO.
A cassação de efeito suspensivo concedido a recurso interposto de sentença normativa retroage à data do despacho que o deferiu.
Assunto: recurso; sentença normativa; efeitos.
Legislação correlata: CLT/899; Lei 10.192/2002. Súmulas do TST relacionadas: não há.
Comentários
Como regra geral, os recursos nos processos trabalhistas não tem efeito suspensivo, conforme estabelece a CLT/899:
Page 96
Art. 899. Os recursos serão interpostos por simples petição e terão efeito meramente devolutivo, salvo as exceções previstas neste Título, permitida a execução provisória até a penhora
A Lei 10.192/2002, art. 14, prevê a possibilidade do Presidente do TST conceder efeito suspensivo ao recurso interposto contra sentença normativa:
Art. 14. O recurso interposto de decisão normativa da Justiça do Trabalho terá efeito suspensivo, na medida e extensão conferidas em despacho do Presidente do Tribunal Superior do Trabalho.
O efeito suspensivo dever se concedido em decisão fundamentada, que deve estabelecer a sua medida e extensão.
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