Reforma trabalhista no tempo: uma discussão acerca da aplicabilidade dos honorários sucumbenciais aos processos em andamento anteriores a 11/11/2017

Abstract

The article consists of the discussion about the application of the fees of claims succumbency in lawsuits filed before the Labor Reform (Law 13467/2017), which started operating on 11/11/2017, proposing a legal analysis on the changes made in the institute, the main diplomas applied to correct or apply a rule in discussion, as well as an examination of how it understands a national jurisprudence, focusing on the Regional Court of the Fifth Region. In this context, it was possible to visualize throughout the study that those who defend the immediate application rely on the theory of the isolation of the procedural acts (article 14 of the CPC), while those that reverberate for the inapplicability are based mainly on the principle of non-surprise 9 and 10 of the CPC). In addition, it is envisaged that the understanding of TRT5 is unison with regard to the impossibility of applying the reform to processes filed before 11/11/2017. Lastly, the scientific study proposed to defend the inapplicability of the modifications in the lawsuits filed before the end of the vacation legis of the legislative reform, based on the doctrinal understanding and jurisprudence offered on the subject up to the present moment.