TST publishes 21 new theses on repetitive appeals (IRR)

Compliance with precedents is mandatory within the scope of Labor Justice

On March 12, 2025, the Superior Labor Court (TST) published the final wording of 21 new repetitive appeals (IRR) theses, reaffirming the Court's case law, in line with the judgment handed down on February 24 by the Full Court.

The reaffirmation of case law occurs when there is already a consolidated understanding by the highest labor court on a given topic, including by the Specialized Section for Individual Disputes I (SDI-1) of the TST.

The new theses, approved by the TST Plenary, deal with relevant topics. Some of them deserve even more special attention.

In the judgment of Process RRAg-0000003-65.2023.5.05.0201, for example, the understanding was established that, in labor claims, the payment of FGTS directly to the employee is prohibited, and that there must be a deposit in the linked account of the amounts referring to land collections and the fine of 40% of the collections.

In Process RRAg-1000063-90.2024.5.02.0032, the TST defined that the absence or irregularity in the collection of FGTS deposits constitutes sufficient reason for indirect termination of the employment contract.

Still on the subject of indirect termination, a decision handed down in Process RRAg-0000367-98.2023.5.17.0008 established that, when indirect termination is determined by the Judiciary, the application of the fine provided for in article 477, §8, of the Consolidation of Labor Laws will be due.

The Court also understood, in the judgment of Process RRAg-0000444-07.2023.5.17.0009, that there is no restriction of defense due to the refusal to postpone the single hearing or instruction when the party, previously summoned, has not presented a list of witnesses or justified the absence, even when there is a provision for spontaneous appearance.

In Process RRAg-0011023-69.2023.5.18.0014, the understanding was established that the lack of adequate sanitary facilities and a suitable place for employees who perform external cleaning and maintenance activities in public areas gives rise to the employer being ordered to pay compensation for moral damages.

Along the same lines, it was decided in Process RR-0011574-55.2023.5.18.0012 that the company must compensate the worker for moral damages when transportation of valuables occurs by a non-specialized worker. In such cases, the TST considers that there is not even a need for proof of psychological distress.

On the other hand, in the decision of the Process: RRAg - 0020084-82.2022.5.04.0141, the understanding was established that the simple lack of annotation of the employment relationship in the CTPS does not characterize, in itself, moral damage in re ipsa. In order for there to be civil compensation, it is necessary to prove embarrassment or damage suffered by the worker in his intangible assets.

Knowledge of precedents qualified by employers is very important for the adequacy of conduct, minimizing risks and preventing legal demands on issues that have already been settled.

The full content of the theses can be found at: https://tst.jus.br/-/publicada-a-reda%C3%A7%C3%A3o-final-das-21-novas-teses-de-recursos-repetitivos .

Prepared by Maria Luisa Senna

Email: labor@mellopimentel.com.br