Depósito recursal só deve ser liberado no fim do processo
A liberação de valores de depósitos recursais em conflitos trabalhistas está condicionada ao trânsito em julgado, conforme decisão da 4ª Turma do Tribunal Superior do Trabalho. O colegiado reformou decisão que autorizava um ex-funcionário da Caixa Econômica Federal a receber os depósitos enquanto uma ação dele ainda está em tramitação.
O Tribunal Regional do Trabalho da 3ª Região (MG) havia concedido a autorização com base no artigo 475-O do Código de Processo Civil, que permite essa forma de antecipação, e na constatação de que o trabalhador é pobre, encaixando-se na situação de necessidade prevista na lei.
Mas o ministro João Oreste Dalazen, relator do recurso no TST, disse que não é possível aplicar o código porque a Consolidação das Leis do Trabalho trata do mesmo tema. “Não há omissão que justifique a transposição do artigo 475-O do CPC para o processo trabalhista, e, mais importante, a regulação da matéria na CLT é totalmente distinta”, escreveu ele.
“Enquanto, no processo civil, a execução provisória abrange o levantamento da...
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