A reforma trabalhista como obstáculo para evolução da jurisprudência: a inconstitucionalidade da alínea “F”, inciso I, do artigo 702 da CLT

Abstract

The Labor Reform was instituted by Law 13.467/17, and is a milestone for Brazilian legislation, because of its impact on the labor universe and its strong impact on civil society. With an extremely fast process brought about one hundred innovations to the Consolidation of Labor Laws, changing several provisions and bringing new wording to several others. Among the various changes brought, the Labor Reform severely limited the manifestation of the Courts to standardize jurisprudence. A limiting quorum, almost impossible to reach, has been created to issue Precedents, Jurisprudential Guidelines, Transitional Jurisprudential Guidelines and Normative Precedents. Much controversy was generated, as were the debates, given the difference established for the other Superior Courts, as well as the discussion about the constitutionality or unconstitutionality of the provision that established the quorum. In this sense, the need arises from the Federal Supreme Court's pronouncement so that it can express its understanding and “unlock” the understanding of the Superior Labor Court that awaits the position of the Supreme Court.