Internal appeal against the decision on the admissibility of the “recurso de revista” (Superior Labor Court Normative Instruction no. 40/2016, article 1-A) as a tool for controlling judicial precedents

Abstract

This article analyzes the significant changes introduced in Normative Instruction No. 40/2016 of the Superior Labor Court (TST), with particular emphasis on the creation of a new appellate mechanism: the internal interlocutory appeal against the admissibility decision of the recurso de revista (extraordinary labor appeal). Unlike the civil internal appeal, which broadly allows for the reassessment of appellate admissibility, the labor internal appeal is limited to challenging decisions that deny the forwarding of the recurso de revista based on alignment with binding or qualified precedents of the TST. This new internal interlocutory appeal is not designed to safeguard the immediate interests of the party, but rather to uphold the integrity of the system of qualified precedents.