RESOLUÇÃO Nº 224/2024 DO TRIBUNAL SUPERIOR DO TRABALHO: PRECEDENTES QUALIFICADOS E RACIONALIZAÇÃO CONSTITUCIONAL NA SISTEMÁTICA DO NOVO AGRAVO INTERNO NA JUSTIÇA DO TRABALHO

Abstract

The use of the precedent system by Supreme Courts should increasingly be considered a trend among judicial systems that seek to reduce the overload of cases handled at the highest levels. This is because precedents function as a procedural filtering mechanism, allowing these courts to focus their efforts on the uniformization of law. In the labor context, the Superior Labor Court recently enacted Resolution No. 224/2024, which established the admissibility of an internal interlocutory appeal against monocratic decisions rendered in conformity with a qualified precedent set by the Court itself. This institute imports the model of challenging admissibility decisions in special and extraordinary appeals, as provided for in the Code of Civil Procedure. In this sense, the present study aims to examine whether such regulation is applicable when the denial of an appeal follows a constitutional qualified precedent (with binding thesis recognized). To answer this question, the research analyzed the systematic compatibility between the imported regulation and procedural rules established by Labor Procedural Law, through the consultation of books, laws, resolutions, and scientific articles. The analysis demonstrated the inapplicability of the new internal appeal against monocratic decisions based on constitutional qualified precedents, considering the specific features of the labor procedural system and the risk of distorting the intended purpose of the importation.