EXECUÇÃO TRABALHISTA - INTRODUÇÃO

Summary

In this lesson, Professor Vanessa Nunes introduces the topic of labor execution in the context of Brazilian labor law. She explains the three main phases of execution: quantification, constriction, and expropriation. The professor highlights the legal frameworks that guide the process, including the application of laws like the CLT, Law 5.584/70, and Law 6.830/80. The video also discusses the different parties involved, such as the exequente and executado, and elaborates on the various titles that can be executed in labor court. The lesson provides a comprehensive yet clear overview of the execution process in labor disputes.

Takeaways

• 😀 The execution phase in labor law is divided into three main stages: quantification, constriction, and expropriation.
• 😀 In the quantification stage, the judge calculates the owed amount since judgments typically do not specify the exact debt.
• 😀 The constriction phase occurs when the debtor is notified to fulfill the obligation within 48 hours, after which their assets may be seized.
• 😀 In the expropriation phase, seized assets are sold through auction or other methods to satisfy the creditor's claim.
• 😀 The labor execution process starts with the liquidating phase, where calculations are made to define the exact debt amount.
• 😀 The defendant can respond to the citation by paying, guaranteeing execution, naming assets for seizure, or remaining inactive.
• 😀 If the defendant doesn't respond to the citation or fails to meet the obligation, the next step is the seizure of assets.
• 😀 If there is a disagreement over the calculation, the court may appoint an expert to define the correct amount.
• 😀 The execution can be carried out with judicial or extrajudicial titles such as court decisions, agreements, and labor fines.
• 😀 The judge can initiate the execution process even without the presence of a lawyer, but only if the party isn't represented by legal counsel.

Q & A

What is the primary subject discussed in the video?

The video discusses the phases of labor execution in the context of Brazilian labor law, focusing on the steps of quantification, constriction, and expropriation in a labor lawsuit.

What are the three main phases of labor execution mentioned in the script?

The three main phases of labor execution are: 1) Quantification, where the amount owed by the debtor is determined; 2) Constriction, where the debtor is notified to satisfy the debt within 48 hours; and 3) Expropriation, where the debtor's assets are sold to fulfill the credit of the creditor.

How is the execution process different in the case of omissions or gaps in the law during labor execution?

In the case of gaps during labor execution, the legal framework applied changes based on the phase. Initially, the Consolidation of Labor Laws (CLT) is applied; if there are still gaps, the Fiscal Execution Law (Lei 6.830/80) is used; and finally, if the issue persists, the Civil Procedure Code (CPC) is applied.

What happens in the quantification phase of labor execution?

In the quantification phase, calculations are made to convert the sentence into a liquid form, determining the exact amount of debt owed by the defendant, so the defendant knows how much they need to pay.

What occurs if the defendant does not comply with the 48-hour deadline for payment?

If the defendant does not pay within 48 hours, their assets can be seized to guarantee the debt. If they fail to act, the next step is asset expropriation.

What are the possible actions the defendant can take after being cited in a labor execution?

After being cited, the defendant can: 1) Pay the debt, 2) Guarantee the execution by presenting a lien on assets, 3) Contest the execution through an appeal, or 4) Remain inactive, which leads to asset seizure.

What is the significance of the term 'liquidation of the sentence' in labor execution?

Liquidation of the sentence refers to the process of calculating the precise amount owed in a judgment, which is necessary for the execution of the sentence. The calculations are usually made by the claimant, and if contested, a judicial expert may be appointed to determine the correct amount.

What happens if there is a disagreement over the calculations between the claimant and the defendant?

If there is a disagreement, the defendant may present their own calculations. If no agreement is reached, the judge may appoint a judicial expert to conduct the calculations, and once approved by the judge, these calculations become the basis for the execution.

Can the execution process be initiated without the involvement of a lawyer?

Yes, in exceptional cases, the execution process can be initiated by the judge if the claimant is not represented by a lawyer, through a process known as 'justa causa' or self-representation.

What types of legal documents are considered valid for labor execution?

The valid documents for labor execution include judicial titles such as final judgments, decisions that have been appealed, agreements homologated by the court, and extrajudicial titles such as labor settlement agreements, certain certificates of debt, and even promissory notes under specific circumstances.