Súmula 409
| 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 | 157-157 |
Page 157
AÇÃO RESCISÓRIA. PRAZO PRESCRICIONAL. TOTAL OU PARCIAL. VIOLAÇÃO DO ART. 7º, XXIX, DA CF/1988. MATÉRIA INFRACONSTITUCIONAL.
Não procede ação rescisória calcada em violação do art. 7º, XXIX, da CF/1988 quando a questão envolve discussão sobre a espécie de prazo prescricional aplicável aos créditos trabalhistas, se total ou parcial, porque a matéria tem índole infraconstitucional, construída, na Justiça do Trabalho, no plano jurisprudencial.
Assunto: ação rescisória; prescrição, cabimento.
Legislação correlata: CRFB/7º, XXIX; CC/189; CPC/485 [NCPC/966].
Súmulas do TST relacionadas: 74; 83; 100; 153; 156; 192; 259; 263; 275; 294; 298; 299; 308; 326; 327; 350; 362; 365; 398; 400; 401; 402; 403; 404; 405; 406; 407; 410; 411; 412; 413.
Comentários
Sobre a ação rescisória, ver comentários à súmula 83. Sobre prescrição, ver comentários à súmula 153.
A diferença entre prescrição total e parcial (ver comentários à súmula 294) não encontra previsão legal. Ela foi...
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