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Presidency’s General Secretary Statistics and Research Coordination Southern Federal Administration Sector, Block 8, Lot 1, Building A, Room 241 ZIP CODE 70.070-943 Phone 3043-3675 www.tst.jus.br/estatistica [email protected]
Credits Statistics and Research Coordination of the Superior Labor Court
Graphic Design and Publishing The Division of Statistical Research and Data of Labor Justice
Editorial Review and Supervision Presidencys’s General Secretary of the Superior Labor Court Statistics and Research Coordination of the Superior Labor Court
Tradução Tatiana Serpa Guedes Rochelle Nogueira Alves de Melo Thiago César Silva de Almeida Júlio César Moreira Marino Taise de Castro Xavier da Silveira 3
Introduction
The Superior Labor Court presents the General Report of Labor Justice with statistical data referring to the lawsuits filed in the three levels of jurisdiction in 2016 and based on current information available in the Administrative and Judicial Information Management System (e- Management) and in the System Decision Support Service.
The importance of the General Report, which has been published by this Court since 1946, lies in its commitment to promote wide information transparency on judicial activity, encouraging societal participation in the processes of Labor Justice, towards a more agile and effective system.
The General Report major points are summarized below.
The Judiciary Labor Force had 47,545 judges and judicial staff, 0.4% lower than the previous year. Its productivity, meanwhile, was 4.3% higher than in 2015.
The number of judges and judicial staff per 100,000 habitant in the country has been decreasing consecutively since 2012 and ended the year with values of 1.9 judges and 21 staff members.
The Labor Court's per capita cost was R$ 85.16, 5.2% lower than in 2015. In contrast, the Labor Court raised the amount of R$ 3,276,651,454.37 in Income Tax, Social Security, Costs, Fees and fines imposed by Supervisory Authorities, corresponding to 18.7% of its budget and 9.2% higher than the amount collected in 2015.
To the Complainants a sum of R$ 24,358,563,331.43 were paid, 30.5% more than in 2015. The amounts paid under judicial settlement represented 37.1% of the total and an increase of 18.0%; The amounts resulting from the implementation of court decisions represented 52.8%, an increase of 33.0%.
The number of lawsuits, compared to the previous year, increased by 5.9%, adding, by the end of 2016, 3,700,642 New Cases. For every
100,000 inhabitants of the country, 1,796 people filed at least one lawsuit or appeal in the Labor Courts.
In the three instances, Industry and Other Services led the rank of economic activities with the largest numbers of New Cases. Besides these activities, Public Administration was also ranked high in the Superior Labor Court, as well as Trade in Regional and District Labor Courts.
The most recurring issues in Labor Courts were: Notice of Termination, the Fine mentioned in the Article No. 477 of the Brazilian Labor Code, the Fine mentioned in the Article No. 467 of the Brazilian Labor Code and the Penalty fine of 40% on the balance of the FGTS (Guarantee Fund for Length of Service)
The number of cases to be adjudicated has presented consecutive increases since 2010 and reached the quantitative of 1,803 cases, 5.4%
more than in 2015.
A total of 4,061,588 lawsuits were adjudicated, 95.0% of the cases received. In the Superior Labor Court, this percentage reached 111.0%; In Regional Labor Courts, 86.8% and in District Labor Courts, 96.4%.
The average time between filing a lawsuit and its verdict, in the Superior Labor Court, was 1 year, 6 months and 12 days; In Regional Labor Courts, 8 months and 3 days, and in District Labor Courts, 6 months and 15 days in the Cognizance Stage and 2 years, 8 months and 6 days in the Execution Stage.
The percentage of settlements reached the lowest rate since 2006: 38.8%. The Judiciary Regions that reached the highest percentages were 9th and 12th Regions, with 48%; 19th Region, with 46%; 2nd and 23rd Regions, with 44%.
The initiated executions and the pending executions of previous years – pending executions and executions on provisional archives -
amounted to 2,981,156 cases. Of this total, 661,850 executions were terminated, 22.2%. The Judiciary Regions that achieved the highest percentages of concluded executions compared to the number of pending executions: 11th Region, with 44%; 2nd Region, with 37%; 15th Region, with 33%; 17th Region, with 32%, and 6th Region, with 31%.
In the Superior Labor Court, 24.1% of the monocratic decisions were appealed. A motion for clarification was filed in 13.5% of judicial decisions and appeals called “Embargos” were filed in 5.7% of the trials. In the Regional Labor Courts, the internal appealability was of 19.7%; In the District Labor Courts, there were motions requesting clarification in 26.0% of the judicial decisions.
In the Superior Labor Court, the appealability to the Federal Supreme Court was of 7.4% of adjudicated cases; In Regional Labor Courts, the number of appeals to a Court of higher instance accounted for 38.0% of trials and monocratic decisions; In District Labor Courts, appeals filed to Regional Labor Courts, in the Cognizance Stage, represented about 60.0% of judicial decisions and, in the Execution Stage,
it represented 84.9% of judicial decisions on Stay of Execution requests.
JUSTICE IVES GANDRA DA SILVA MARTINS FILHO PRESIDENT OF THE SUPERIOR LABOR COURT
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SUPERIOR LABOR COURT
MINISTRO IVES GANDRA DA SILVA MARTINS FILHO PRESIDENT
MINISTRO EMMANOEL PEREIRA VICE-PRESIDENT
MINISTRO RENATO DE LACERDA PAIVA CORREGIDOR-JUSTICE
MINISTRO JOÃO ORESTE DALAZEN
MINISTRO ANTONIO JOSÉ DE BARROS LEVENHAGEN
MINISTRO JOÃO BATISTA BRITO PEREIRA
MINISTRA MARIA CRISTINA IRIGOYEN PEDUZZI
MINISTRO LELIO BENTES CORRÊA
MINISTRO ALOYSIO SILVA CORRÊA DA VEIGA
MINISTRO LUIZ PHILIPPE VIEIRA DE MELLO FILHO
MINISTRO ALBERTO LUIZ BRESCIANI DE FONTAN PEREIRA
MINISTRA MARIA DE ASSIS CALSING
MINISTRA DORA MARIA DA COSTA
MINISTRO FERNANDO EIZO ONO
MINISTRO GUILHERME AUGUSTO CAPUTO BASTOS
MINISTRO MÁRCIO EURICO VITRAL AMARO
MINISTRO WALMIR OLIVEIRA DA COSTA
MINISTRO MAURICIO GODINHO DELGADO
MINISTRA KÁTIA MAGALHÃES ARRUDA
MINISTRO AUGUSTO CÉSAR LEITE DE CARVALHO
MINISTRO JOSÉ ROBERTO FREIRE PIMENTA
MINISTRA DELAÍDE ALVES MIRANDA ARANTES
MINISTRO HUGO CARLOS SCHEUERMANN
MINISTRO ALEXANDRE DE SOUZA AGRA BELMONTE
MINISTRO CLÁUDIO MASCARENHAS BRANDÃO
MINISTRO DOUGLAS ALENCAR RODRIGUES
MINISTRA MARIA HELENA MALLMANN
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Organizational Structure 31/12/2016
Labor Justice is composed of the Superior Labor Court, 24 Regional Labor Courts and 1,587 District Labor Courts. There are 3,955 judges and 43,210 judicial staff.
In the Superior Labor Court, there are 26 Justices, 2 Judges that were called to temporarily substitute a Justice who went to the National Council of Justice and another Justice who has been on medical leave. In addition, there are 2,258 judicial staff in the Superior Labor Court.
Figure 1. Judicial Regions of Labor Justice. 2016.
1.572 District Labor Courts
Labor Justice Second Instance consists of 24 Courts, each one located in a State, except the states of Acre, Roraima, Amapá and Tocantins, which are represented by Courts headquartered in Rondônia, Amazonas, Pará and the Federal District respectively. In the state of São Paulo there are two Courts: one headquartered in the city of São Paulo and another in Campinas. There are 553 Judges and 17,939 judicial staff currently active in 2nd instance Courts.
The 1st Instance consists of 1,572 District Labor Courts located in 623 municipalities, with jurisdiction over 5,570 municipalities around the country. There are 3,108 judges and 23,646 judicial staff currently working in first instance Courts.
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Statistical Indicators Structure and Expense Labor Justice
2016. -
Note: Conventional signal used: ... Numeric data not available. Table 1. Structure and Expenses Statistical Indicators. Labor Indicators. 2015 justice. Statistical Expenses 1. StructureTable and 7
The Prosecution of Lawsuits in Labor Justice. 2015-2016.
Note: TST- Superior Labor Court TRTs- Regional Labor Courts
VTs- District Labor Courts (Cognizance Stage) VTs- District Labor Courts (Execution Stage)
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L itigation Statistical Indicators Labor Justice
2016. - Table 3. Litigation Statistical Indicators Statistical 3.in2007 Litigation LaborTable Justice. 9
Adjudicated Cases compared to the number of Lawsuits Filed Labor Justice
Figure 2 Adjudicated Cases compared to the number of Lawsuits filed in Labor Justice.
Lawsuits Filed;
4.273.382
Adjudicated Cases
4.061.588
95,04%
Adjudicated Cases compared to pending Trials
Figure 3. Adjudicated Cases compared to pending Trials in Labor Justice. 2016.
Pending Trials
6.552.221
Adjudicated
Cases 4.061.588
61,99%
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New Cases by Economic Activity Labor Justice
Figure 4. Ranking of the 10 most recurring economic activities in Labor Justice. 2016.
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Most Recurring Issues Labor Justice
Figure 5. Most Recurring Issues in Labor Justice. 2016.
Note: CLT - Brazilian Labor Code FGTS - Guarantee Fund for Length of Service 12
Labor Justice Revenue
Figure 6. Revenue Collected in Labor Justice. 2015-2016.
2015 R$ 2.999.281.043,06(*) 2016 R$ 3.276.647.754,45 (*) Number updated by the Broad Consumer Price +9,2% Index (IPCA).
Table 4. Revenue Collected in First Instance Courts. 2016. (in Brazilian Real).
Nota: (*) Valores restituídos no TST: R$ 3.699,92.
Amount paid to the Plaintiffs
Figure 7. Amounts paid to the Plaintiffs. 2015-2016.
+30,5%
2015 2016
(*) Number updated by the Broad Consumer
Price Index (IPCA)
Figure 8. Amounts paid to the Plaintiffs. 2016.
R$ 9.028.726.058,84 R$ 12.871.673.916,33 R$ 2.458.163.356,26
Judicial Payment Judgment Execution Settlements Spontaneous 13
Settlements
Figure 9. Percentage of Judicial Settlements in District Labor Courts. 2016.
Number of Settlements 1.042.875 38,81%
Number of Trials 2.687.198
Figure 10. Percentage of Judicial Settlements in First Instance Courts. Historical Series. 2007-2016.
44,1 43,9 44,0 43,4 43,3 42,8
40,7
39,6 38,9 38,8
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
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Execution
Figure 11. Number of Judgements under execution. 2016.
Before 2016: Initiated in Concluded in Pending in 2016: 2.256.665 2016: 724.491 2016: 661.850 2.518.737
Figure 12. Execution Concluded compared to Initiated. 2016.
Executions Initiated
724.491
Concluded
661.850
91,35%
Figure 13. Execution Concluded compared to Pending Executions. 2016.
Concluded
661.850 22,20%
Pending 2.981.156 15
Court-ordered Payments of Government Debt Labor Justice
Figure 14. Court-ordered payments of government debt in Labor Justice. 2016.
Court-ordered payments Debt Payments orderes Government Debts paid Pending court-ordered before 2016: in 2016: in 2016: payments in 2016: 69.449 22.625 13.019 76.866
Figure 15. Pending Court-ordered payments of government debt. 2016.
R$ 11.730.874.827,18
In Due Time Overdue
34.810 42.056
45,3% 54,7%
Payment Requests of small Amounts
Figure 16. Payment Requests of small amounts in Labor Justice. 2016.
Payment requests Payments requests in Requests paid in Pending Payment before 2016: 2016: 2016: Requests in 2016: 22.783 17.845 9.316 21.450
Figure 17. Pending Payment Requests of small amounts in 2016.
In Due Time Overdue
441 935
32,0% 68,0%
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The Prosecution of Lawsuits in the Superior Labor Justice. 2015-2016.
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Litigation Statistical Indicators Superior Labor Court
2016. - 2007
uperior Labor Court. Labor uperior Table 5. Litigation Statistical Indicators. Statistical S 5. Litigation Table 19
Major Litigants Superior Labor Court
Figure 18. Ranking of the Major Litigants in the Superior Labor Court. 2016.
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ew Cases by conomic Activity N E Superior Labor Court
Figure 19. Superior Labor Court Cases classified by Economic Activity. 2015-2016.
49.296 Industry 36.130 29.334 Public administration 22.577 20.573 Other services 13.283 16.806 Trade 12.405
Financial system 24.656 12.366
Transport 17.216 11.273
Urban services 12.970 9.450
Communication 12.356 8.014
Social Security 9.165 5.877
Education, culture and leisure 7.867 5.132
Farming, vegetal extraction and fishing 4.112 2.965
Tourism, hospitality, food industry 2.048 1.188
Data processing companies 812 553
Others 1.038 2015 2016 556 21
Most Recurring Issues Superior Labor Court
Figure 20. The 5 Most Recurring Issues in the Superior Labor Court. 2016.
Overtime
23.079
Denials of Judicial Relief
19.087
Work Rest Breaks
15.497
Public Entity
Service Receivers/ Outsourcing
15.359
Pain and Suffering
Compensation
14.759 22
Revenue
Superior Labor Court
Figure 21. Revenue Collected in the Superior Labor Court. 2015-2016.
2015 2016 R$ 3.191.992,88(*) R$ 2.948.767,24 (*) Number updated by the Broad Consumer -7,6% Price Index (IPCA).
Table 6. Revenue Collected in the Superior Labor Court. (in Brazilian Real)
(*)Number updated by the Broad Consumer Price Index (IPCA). Term
In the Superior Labor Court, the average time between the filing of the action and remanding it to lower Courts is 1 year, 6 months and 12 days. For the Recurso de Revista Appeal, the time is 2 years and 2 days and for the Interlocutory Appeal in Recurso de Revista, it’s 1 year.
Figure 22. Avarage time of a Judicial Procedure (from filing an Action to its remand to lower Courts) in the Superior Labor Justice. 2016.
1 year 6 months 12 days
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Appeals sent to the Supreme Federal Court
Table 7. Extraordinary appeals filed in the Superior Labor Court. 2015-2016
Figure 23. Extraordinary appeals sent to the Supreme Federal Court.
STF
951
RE’s Submitted to the
Supreme Federal Court
TST
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The Prosecution of Lawsuits in Regional Labor Courts. 2015-2016.
New Cases, except electronic cases New Cases, except electronic cases New electronic Cases New electronic Cases Cases Adjudicated Cases Adjudicated Internal Appeals Internal Appeals
In Trials by a panel of judges In Trials by a panel of judges In Monocratic Decisions In Monocratic Decisions
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L itigation Statistical Indicators Regional Labor Courts
2016 - 2007 Table 9. Litigation Statistical Indicators. Regional Labor Indicators. Statistical Courts. Regional 9. Litigation Table 27
New Cases by Economic Activity Regional Labor Courts
Figure 24. New Cases by Economic Activity in Regional Labor Courts. 2015-2016.
INDUSTRY 133.038 167.577 133.038 INDUSTRY 73.897 OTHER SERVICES 167.577 73.89792.906 OTHER SERVICES 60.103 TRADE 92.906 60.10375.506 TRADE 52.18175.506 PUBLIC ADMINISTRATION 52.18163.760 PUBLIC ADMINISTRATION 63.760 FINANCIAL SYSTEM 38.795 49.566 FINANCIAL SYSTEM 38.795 49.566 TRANSPORT 37.611 37.61147.487 TRANSPORT 47.487 COMMUNICATION 21.426 21.42627.505 COMMUNICATION 27.505 17.211 URBAN SERVICES 17.211 URBAN SERVICES 20.014 20.014 SOCIAL SECURITY 12.994 12.99415.848 SOCIAL SECURITY 15.848 12.821 EDUCATION,EDUCATION, CULTURE CULTURE AND AND LEISURE LEISURE 12.821 15.65415.654 FARMING,FARMING, VEGETAL VEGETAL EXTRACTION EXTRACTION AND FISHING AND 12.72012.720 FISHING 14.14614.146
TOURISM,TOURISM, HOSPITALITY, HOSPITALITY, FOOD FOOD INDUSTRY INDUSTRY 8.8798.879 12.59112.591 3.649 DATADATA PROCESSING PROCESSING COMPANIES COMPANIES 3.649 5.1155.115 2.044 20152015 20162016 HOUSEHOUSE KEEPING KEEPING SERVICES SERVICES 2.044 2.9362.936 181.519 OTHERSOTHERS 181.519188.894 188.894 0 100.000 200.000 0 100.000 200.000
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Most Recurring Issues Regional Labor Courts
Figure 25. The 5 most Recurring Issues in Regional Labor Courts. 2016.
Overtime
141.084
The Fine mentioned in the Article N.º 477 of the Brazilian Labor Code 129.346
Notice of Termination
127.140
Effects of Overtime
in other payments
118.258
The Fine mentioned in the Article N.º 467 of the Brazilia Labor Code 110.476 29
Revenue Regional Labor Courts
Figure 26. Revenue Collected in Regional Labor Courts. 2015-2016.
2015 2016 R$ 45.408.977,72(*) R$ 43.436.041,58
(*) Number updated by the Broad Consumer -4,3% Price Index (IPCA)
Table 10. Revenue Collected in Regional Labor Courts (In Brazilian Real).
(*)Number updated by the Broad Consumer Price Index (IPCA).
Term
In Regional Labor Courts, after the preparation of the record, the case takes an average of 4 months and 7 days to be adjudicated. In addition, it takes approximately more 14 days for the Court’s decision to be published. The average time between preparing the record and remanding the Case to the lower Court is 8 months and 3 days.
Figure 27. Avarage time of a Judicial Procedure (from filing an Action to its remand to lower Courts) in the Regional Labor Courts. 2016.
8 months 3 days
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Appeals Sent to the Superior Labor Court Regionar Labor Court
Figure 28. Appeals sent to the Superior Labor Court. 2016.
TST Interlocutory Appeal 84%
Recurso de Revista Appeal 15%
Other types of Appeal 1% 166.220 Appeals 31
The Prosecution of Lawsuits in District Labor Courts. 2015-2016.
Note: *Single Court Hearing 32
L itigation Statistical Indicators District Labor Courts
2016. - 2007
Table 12. Litigation Statistical Indicators. Labor District Courts. Statistical 12.Table Litigation
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New Cases by Economic Activity District Labor Courts
Figure 29. New Cases by Economic Activity in District Labor Courts. 2015-2016.
642.382 INDUSTRY 630.661 490.564 OTHER SERVICES 418.276 294.528 TRADE 315.554 154.148 TRANSPORT 155.603 PUBLIC ADMINISTRATION 88619 100.325 TOURISM, HOSPITALITY , AND FOOD 84.967 INDUSTRY 98.893 FARMING, VEGETAL EXTRACTION AND 73.370 FISHING 70.728 FINANCIAL SYSTEM 62.154 65.858 60.304 COMMUNICATION 64.025
EDUCATION, CULTURE AND LEISURE 53.293 61.185 HOUSE KEEPING SERVICES 34.237 45.826 URBAN SERVICES 38.919 39.583 35.905 SOCIAL SECURITY 35.837 18.456 2015 2016 DATA PROCESSING COMPANIES 20.584 470.228 OTHERS 583.381
0 200.000 400.000 600.000 34
ost ecurring Issues M R District Labor Courts
Figure 30. The 5 most Recurring Issues in District Labor Courts. 2016.
Notice of Temination
918.256
The fine mentioned in the Article N.° 477 of the Brazilian Labor Court
835.791
Penalty fine of 40% on the balance of the FGTS (Guarantee Found for Length of Service)
743.757
The fine mentioned in the Article N.° 467 of the Brazilian Labor Court
731.446
Proportional Vacation Pay
Dismissal Payments
571.275 35
Revenue
District Labor Courts
Figure 31. Revenue Collected in District Labor Courts. 2015-2016.
2015 2016 R$ 2.947.161.592,72(*) R$ 3.230.266.645,55
(*) Number updated by the Broad Consumer +9,6%
Price Index (IPCA).
Table 13. Revenue Collected in District Labor Courts. (In Brazilian Real).
Revenue 2015(*) 2016
Judicial
Proceedings 396.563.466,33 292.275.960,64 Costs
Fees 10.910.698,30 5.164.842,92
Social Security 2.146.343.941,78 2.496.108.993,10 Contribution
Income tax 376.073.564,42 403.951.434,68 Fines imposed by Supervisory 17.269.921,89 32.765.414,21 Authorities
Total 2.947.161.592,72 3.230.266.645,55
(*)Number updated by the Broad Consumer Price Index (IPCA). Term In District Labor Courts, the average time from the Cognizance Stage of the Case to the entry of the judgment is 6 months and 15 days. The average time from the start to the end of execution is approximately 2 years, 8 months and 6 days.
Figure 32. Avarage time of Judicial Procedure in District Labor Courts. 2016.
District Labor Courts 6 months 15 days (Cognizance Stage) District Labor Courts (Execution Stage)
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ppeals from District Labor Courts A
to Regional Labor Courts
Figure 33. Appeals from District Labor Courts to Regional Labor Courts. 2016.
Appeal against decisions in labor enforcement Interlocutory proceedings Appeal 11,1% 1,6%
Mandatory Review 0,5%
Cross-appeals
5,2%
Ordinary Appeal 81,6%
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2017 Statistics and Research Coordination of the Superior Labor Court
Coordinator Júlio César Moreira Marino Substitute Coordinator Taise de Castro Xavier da Silveira Supervisor of the Research and Dissemination of JT Elmiro Andrei Tarrago Jaques
Supervisor of the Statistical Monitoring Section of the TST Auricélio Rosendo Timbó
Supervisor of the Statistical Monitoring Section of the TRT’s Sandro Magnos Karkow
Supervisor of the Statistical Monitoring
Section of the VT’s Diêgo Carneiro Lopes
Staff Members
Hilvio Maciel Carvalho
Antonio Carlos Andrade Cubells
André Silva de Queiroz
João Paulo de Lima Silva
Janaína Bortoluzzi Cardoso
Trainees Brenda de Moraes Sousa Rocha Irenaldo Ferreira Lima Júnior Jailson Rodrigues da Silva Lucas dos Santos Dias Mateus Nascimento Lima
For more information access www.tst.jus.br/estatistica
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