Súmula 296
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 | 100-100 |
Page 100
RECURSO. DIVERGÊNCIA JURISPRUDENCIAL. ESPECIFICIDADE.
I - A divergência jurisprudencial ensejadora da admissibilidade, do prosseguimento e do conhecimento do recurso há de ser específica, revelando a existência de teses diversas na interpretação de um mesmo dispositivo legal, embora idênticos os fatos que as ensejaram. II - Não ofende o art. 896 da CLT decisão de Turma que, examinando premissas concretas de especificidade da divergência colacionada no apelo revisional, conclui pelo conhecimento ou desconhecimento do recurso.
Assunto: recurso derevista; cabimento.
Legislação correlata: CLT/896.
Súmulas do TST relacionadas: 23; 126; 218; 221; 266; 285; 312; 333; 337; 442.
Comentários
Sobre recurso de revista ver comentários às súmulas 23 e 126.
A súmula em comento trata de aspectos do cabimento do recurso de revista em caso na hipótese de divergência jurisprudencial.
Inciso I:
Para autorizar a via estreita da revista, a divergência não pode ser genérica: ela deve ser específica, ou seja, ela deve apresentar a mesma situação fática. A divergência deve se dar apenas na interpretação da norma jurídica. Se os fatos que envolvem a decisão paradigma não são semelhantes aos fatos retratados na...
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