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- Efetividade Da Ação Executiva E Da Execução Trabalhista, E as Novas Competências Constitucionais
A Instrução Normativa n. 27 do TST, de 16.2.2005. O Recurso Adesivo
Autor | João Carlos de Araújo |
Páginas | 180-180 |
Page 180
Essa instrução normativa "Dispõe Sobre Normas Procedimentais Aplicáveis ao Processo do Trabalho em decorrência da ampliação da competência da Justiça do Trabalho pela Emenda Constitucional n. 45/2004", exceto àqueles de rito especial, com alcance a todas as entidades públicas descritas no art. Ia, da Lei n. 6.830, de 22.9.1980.
A instrução consta do apêndice desse livro, porém entendo "data vénia", que o rito das ações cíveis, em princípio, não pode ser alterado, pois tratam-se de normas processuais inalteráveis. E o executivo fiscal possui lei especial própria, inclusive com regalias processuais à União e demais entidades públicas, sendo que as normas processuais trabalhistas não podem se adequar sequer subsidiariamente conforme se lê no art. 1° da Lei n. 6.830, de 22.9.1980. Os recursos de embargos infringentes e a apelação, pelos arts. 34 e 35, § 2a, são procedimentos processuais não previstos na consolidação, inclusive no tocante aos prazos.
Porém, entendo que as ações previstas nos incisos I, II, III, VI e IX do art. 114 da Carta Magna, poderão, por óbvio, observar a indigitada instrução, ao que não infrinja leis de ordem pública inalteráveis...
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