New decision by Justice Alexandre de Moraes bars labor judgments awarding amounts exceeding those claimed in the initial complaint.
Similar decisions have been issued in constitutional complaints; however, the merits will only be settled in the judgment of Direct Action of Unconstitutionality (ADI) No. 6002.
The Federal Supreme Court (Supremo Tribunal Federal – STF) annulled a decision of the Labor Courts that allowed a judgment awarding an amount exceeding the value stated in the initial complaint, reaffirming the application of the Brazilian Labor Reform. Justice Alexandre de Moraes’ decision reinforces legal certainty for companies and requires strict compliance with the limits set forth in the initial pleading, while the merits of Direct Action of Unconstitutionality (ADI) No. 6002 are still pending judgment by the Full Court.
“This avoids the common practice of assigning symbolic amounts to the claim — such as BRL 100,000 — and, at the end, during the liquidation phase, reaching multimillion figures, sometimes BRL 5 million or BRL 20 million, which are completely disconnected from the amount initially indicated.”
Highlights Luiz Eduardo Amaral.
