The recent Resolution No. 224/2024 of the Superior Labor Court (TST), which came into force on December 28, 2024, brings significant changes to the labor appeal system, especially in the processing of the appeal for review.
Among the main changes introduced by Resolution 224/2024, the possibility of filing an internal appeal for decisions based on binding precedents stands out. When an appeal is denied based on TST precedents, the use of an internal appeal will be permitted, which will be judged by the Regional Labor Court (TRT) that issued the decision. Furthermore, in situations where different parts of the decision involve different grounds, the new system requires the simultaneous filing of an internal appeal and an appeal on a point of law. In such cases, the processing of the appeal on a point of law will only occur after the internal appeal has been judged by the competent body.
Another important point concerns the irrevocability of regional decisions in internal appeals. If the internal appeal is dismissed, it will not be possible to file a new appeal. On the other hand, if it is granted, the appeal for review will proceed normally. In cases where a decision involves different chapters, some of which are based on binding precedents and some are not, the simultaneous filing of an internal appeal and an appeal on the merits will be permitted. The appeal on the merits will only be analyzed after the internal appeal has been judged, which requires lawyers to pay close attention to deadlines and procedural strategies to avoid preclusion and ensure the effective defense of their clients' interests.
With the implementation of the new rules, a reduction in the volume of appeals that reach the TST is expected, speeding up the procedural process. For companies, this implies the need to reassess strategies in labor disputes and strengthen measures to prevent liabilities. For lawyers, it is essential to update internal flows, train teams and accurately plan the filing of appeals, ensuring compliance with the new rules.
TST Resolution 224/2024 introduces relevant changes to the Brazilian labor process, with the aim of strengthening legal certainty and the predictability of decisions. The application of the new rules requires attention to the adequacy of procedures and procedural strategies. For detailed information or legal support related to the implementation of these changes, please contact us.