THEME 23 OF THE SUPERIOR LABOR COURT (TST) AND THE PRIVILEGE OF LEGAL SECURITY IN LABOR RELATIONS

Abstract

Abstract: This paper addresses the court precedent set by the Superior Labor Court, which established the thesis that Law No. 13,467 has immediate application to ongoing employment contracts, starting to regulate the rights arising from law whenever the triggering events have come into effect as of its entry into force. The legal literature on the temporal effectiveness of material law is examined, to clarify that it doesn’t conflict with the Acquired Right and the Perfect Legal Act, in relationships already established during the validity of the New Law. This, according to the systematic interpretation of Article 5, XXXVI, of the Federal Constitution, Article 6, § 2, of the LINDB, and Article 912 of the CLT (Consolidation of Labor Laws). Furthermore, because of the consequentialism bias imposed by Article 20 of the new LINDB (Law of Introduction to Brazilian Law Norms) the investigation emphasizes the significance of legal security in labor relations.