Trabalhista e Previdenciário. Prescrição intercorrente não é aplicada na Justiça do Trabalho
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Recurso de Revista. Extinção da execução. Prescrição intercorrente. Inaplicabilidade ao Processo do Trabalho. Súmula nº 114 do TST. Viola o art. 5º, XXXVI, da Constituição Federal, a decisão que extingue a execução trabalhista, aplicando a prescrição intercorrente. A despeito do período pelo qual o processo fora arquivado, a previsão de impul-so oicial do art. 878 da CLT afasta qualquer necessidade de iniciativa do exequente para o efetivo cumprimento da sentença transitada em julgado. Razão pela qual, a prescrição intercorrente não se aplica, nos moldes da Súmula nº 114 do TST. Precedentes. Recurso de revista conhecido e provido.
(TST - Rec. de Revista n. 104800-93.1995.5.02.0254 - 1a. T. - Ac. unânime -Rel.: Min...
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