Superior Labor Court sets binding rules on intercurrent prescription

The Superior Labor Court (TST) has established a binding legal thesis regarding the application of intercurrent prescription during the execution phase of labor lawsuits. This ruling sets specific criteria for when a worker's inaction can lead to the extinction of an execution and the loss of the right to collect judicially recognized credits.

Under the new understanding, intercurrent prescription applies if a worker fails to comply with a judicial order issued on or after November 11, 2017—the date the Labor Reform (Law No. 13,467/2017) took effect. This applies regardless of whether the final decision recognizing the credit occurred before the reform.

To trigger the two-year prescription period, the court requires that the worker receive a specific personal notification in addition to communication sent to their lawyer. This notification must explicitly state the required action and clearly warn that failure to comply may result in intercurrent prescription. Generic or standardized notices are insufficient to start the countdown.