A possibilidade de regularização do preparo antes da declaração de deserção no processo do trabalho, sob a perspectiva do Código de Processo Civil

Abstract

The possibility of regularizing appeal defects related to preparation, within the scope of the labor process, is not yet a pacified theme in the jurisprudence of the Labor Courts, with several conflicting decisions on the subject, although the matter has already been pacified in the scope of other courts. , such as the Superior Court of Justice. The objective of the work is to understand the understanding of the Courts and contribute to a future stabilization of the judgments carried out, in light of the provisions of the Code of Civil Procedure, of subsidiary and supplementary application to the work process, since there is an omission and absence of a definitive decision on the application of article 1.007, § 4, of the Code of Civil Procedure, to the labor process. An empirical research was used, through the dialectical method on the theoretical basis, especially through the analysis of the legislation, the decisions handed down and the existing doctrine. The result of this work was the conclusion about the need to standardize decisions on the subject, concluding that there is a need to overcome differences of understanding and enable the regularization of the appeal preparation, through complementation or double collection, as expressed in the legal prediction