Processo do Trabalho não admite prescrição intercorrente
A prescrição intercorrente não é aplicável na Justiça do Trabalho nos casos de litígio envolvendo empregado e empregador. A determinação é da Súmula 114 do Tribunal Superior do Trabalho e foi usada pela 9ª Turma do Tibunal Regional do Trabalho da 3ª Região (Minas Gerais) que afastou a prescrição intercorrente declarada em 1° Grau.
Segundo decisão da desembargadora Maria Stela Álvares da Silva Campos, essa prescrição só pode ser aplicada na Justiça do Trabalho em relação a crédito objeto da execução fiscal oriundo de relação de direito administrativo, como no caso de execução de multas administrativas (parágrafo 4º do artigo 40 da Lei 6.830/80).
Prescrição intercorrente é a perda do direito de ação no curso do processo, em razão da inércia do autor da ação, que não praticou os atos necessários para seu prosseguimento e deixou a ação paralisada por tempo superior ao máximo previsto em lei. Neste caso, o início da contagem do prazo prescricional ocorre após a citação.
Em primeira instância, o juiz julgou extinta a execução e determinou o arquivamento dos autos após o trânsito em julgado da ação. Isso porque o credor não conseguiu, por mais de cinco anos, apresentar meios para prosseguir a execução.
No Tribunal Regional do Trabalho da 3ª Região, a relatora afirmou que...
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