Magistratura do Trabalho CSJT study materials
Magistratura do Trabalho CSJT study resources

Magistratura do Trabalho CSJT: Direito do Trabalho

Magistratura do Trabalho CSJT · Work through your exam, one topic at a time.

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Direito do Trabalho

Core concepts

Begin with the employment relationship of art. 3 of the CLT: an individual person, personality (intuitu personae), non-eventuality, onerousness and subordination. Contrast it with autonomous work (art. 442-B), internship (Lei 11.788/2008), cooperative work and the domestic employee (LC 150/2015). The 2017 Reform (Lei 13.467) reshaped the interval (art. 71, §4: indemnitary, not salary), the exceptions to time control (art. 62), intermittent contracts (upheld in ADI 5.766) and telework. At the Supreme Court, remember ADPF 324 and RE 958.252 (broad outsourcing), ADC 58 (indexation: IPCA-E plus Selic) and the attorneys fee rules of art. 791-A. Prescription: five years during the contract and two years after termination, with special rules for minors and for the rural worker.

Traps

Examiners love pejotizacao: a company form does not block recognition of subordination, but the mere existence of a legal entity is not fraud. Another trap is ultratividade: after the Reform, expired collective agreements have no automatic extension (art. 614, §3), confirmed in ADI 5.277. On the interval, its indemnitary nature does not authorize adding the hour plus the full hour. Do not confuse interruption with suspension of the contract, and remember the burden of proof is redistributed when the employer keeps the documents.

Rule of thumb

Ask in order: is there personal, non-eventual and paid work? Then look for subordination. Economic dependence plus control, even algorithmic, is enough. Worked example: a delivery rider who may refuse rides but is monitored by GPS, rated and punished by an app is probably an employee; the gig label is irrelevant.