Súmula 394
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 | 149-149 |
Page 149
ART. 462 DO CPC. FATO SUPERVENIENTE.
O art. 462 do CPC, que admite a invocação de fato constitutivo, modificativo ou extintivo do direito, superveniente à propositura da ação, é aplicável de ofício aos processos em curso em qualquer instância trabalhista.
Assunto: fato superveniente.
Legislação correlata: CPC/462 [NCPC/493]. Súmulas do TST relacionadas: não há.
Comentários
Dispõe o CPC/462[NCPC/493]:
Art. 462. Se, depois da propositura da ação, algum fato constitutivo, modificativo ou extintivo do direito influir no julgamento da lide, caberá ao juiz tomá-lo em consideração, de ofício ou a requerimento da parte, no momento de proferir a sentença.
Essa regra diz respeito ao processo de conhecimento, a ser aplicada antes da sentença. Ela não se aplica na fase recursal. Sempre que o juiz tomar conhecimento de algum fato que possa influir no seu julgamento, ele deverá levá-lo em consideração.
O conhecimento e a consideração de tais fatos podem ocorrer de ofício, ou seja, independem do requerimento da parte, pois que se trata de regra dirigida ao juiz da causa.
O TST reconhece a sua aplicação, de ofício, nos processos de competência da Justiça do Trabalho.
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