Coluna Justiça Dinâmica Política Dinâmica
Reforma trabalhista ainda é polêmica, diz advogado

PRESIDENTE DA AATEPI, ADVOGADO TÉSSIO TÔRRES CITA QUE NA PRÁTICA, REFORMA AINDA GERA MUITOS DEBATES NOS TRIBUNAIS

05/07/2019 16:09 - Atualizado em 05/07/2019 16:33

Em novembro próximo a alardeada reforma trabalhista completará dois anos. Mas como está sua aplicação na prática? O que, de fato, tem sido proveitoso e o que ainda gera dúvidas.

Sobre o tema o Justiça Dinâmica entrevistou nesta sexta-feira (05/07), na FM O Dia, o advogado trabalhista Téssio Tôrres, presidente da Associação dos Advogados Trabalhistas do Estado do Piauí (AATEPI).

Ele destacou alguns pontos que ainda são controversos e que geram dúvidas quanto à sua real aplicação pelos tribunais. Pontuou também que em 2018, primeiro ano de vigência da reforma, o número de ações reduziu cerca de 40% no Tribunal Regional do Trabalho (TRT-PI).

"A reforma ainda tem muitos pontos controvertidos e que são alvos de diversas ações diretas de inconstitucionalidades no Supremo Tribunal Federal. Dentre eles a justiça gratuita, honorários advocatícios, perícias, acordo extrajudicial e limitação do dano extrapatrimonial", afirmou Téssio Tôrres.

JUSTIÇA GRATUITA
Téssio Tôrres destacou que antes da reforma os empregados não tinham maiores problemas em pleitear o benefício da justiça gratuita, bastando para isso provar que não podiam pagar a ação.

"Hoje, existe um critério objetivo para ser beneficiário da justiça gratuita. Não pode o demandante receber salário igual ou superior a 40% do maior valor pago pelo regime da previdência, algo em torno de R$ 5.900,00. Se receber este valor, não poderá ser beneficiário, em regra. Isso fez com que houvesse uma redução significativa no número de ações. São muitas contradições. Há, por exemplo, a situação de alguém que ganhe um salário de R$ 4.000,00 por exemplo, mas que não tenha condição de pagar a causa, porque muitas ações, por sua natureza, já têm valores altíssimos, como as ações de indenização por morte. Logo, precisamos avançar ainda neste ponto", evidencia o advogado Téssio Tôrres.

PERÍCIAS
Antes da reforma era possível adiantar o pagamento dos honorários periciais, agora, não tem mais essa possibilidade. Assim, os peritos não estão mais querendo realizar este trabalho, tendo em vista a dificuldade do pagamento deste trabalho.

"Antes receberia até antes da perícia. Atualmente, ele precisa esperar quem foi sucumbente na perícia. Se o sucumbente for beneficiário da justiça gratuita ele vai ser pago por um fundo da justiça do trabalho, vai ter que esperar um pouco mais. Reduziu também o valor, não chegando nem a R$ 2 mil. Ocorre que no momento muitos peritos estão deixando de ser perito para ser apenas assistente de perícia, porque assistente de perícia vai ser remunerado direto por seu cliente, bem mais rápido. É outro ponto que tem gerado debates", afirmou o presidente da AATEPI.

ACORDO EXTRAJUDICIAL
O acordo extrajudicial veio para fomentar essa tipo de desligamento de forma amigável. Segundo Téssio Tôrres, na prática, esse dispositivo ainda é deficitário quanto ao aspecto patronal. Os empregadores não se sentem motivados a realizar este tipo de composição.

"O empregador não tem segurança que cumprindo o acordo ele não vai ser demandado novamente, é sem segurança. A reforma pretendia acabar com as lides simuladas, mas não esta sendo bem assim. Hoje é possível que mesmo após o acordo, o empregado ajuíze nova ação questionando alguma outra verba que não entrou no acordo. É necessário um debate maior para que este tipo de dispositivo, o acordo, não caia em desuso e seja letra morta na lei", assinala Téssio Tôrres.

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