Issue 45 of the Labor Law and Procedure Journal features several articles and decisions on controversial topics in the case law of Brazilian courts, as well as others focusing on procedural law and its contradictions arising from gaps in the Consolidation of Labor Laws (CLT) and the consequent supplementary application of the Code of Civil Procedure.
However, some considerations regarding the review function of courts and the necessary prestige accorded to first-instance decisions are noteworthy, given the certainty that the trial judge is best placed to rule in disputes requiring oral evidence.
Several aspects are addressed in these articles to justify the limitation of the review role of second-instance courts, including the understanding that there is no ideal judicial provision, only a reasonable one, and that its justification in adequate terms is sufficient.
This conclusion, in addition to honoring the first judge, discourages delaying appeals and facilitates procedural speed and effectiveness.
Given its importance, this topic will be the subject of a collective publication by Anamatra, scheduled for release at the XVII CONAMAT – National Congress of Labor Court Judges. This event will discuss aspects of labor law and the Brazilian Judiciary, making it timely to debate the ideas defended in the three papers that comprise this Journal.
Legal practitioners are therefore urged to reflect on these issues.
The Editorial Board