Labor court hearings in Brazil: how they work and what to bring

At a labor hearing, the judge first tries to reach a settlement. Without one, the judge receives the employer's defense, hears the parties and witnesses and may close the evidence phase. The worker must attend in person: missing it without justification dismisses the case and may cost court fees (CLT, art. 844). If the employer does not attend, it is in default.

Quick summary

• Format: in person or by video, depending on the court; check the summons.
• Bring: photo ID, work card, payslips, contract and the case evidence.
• Witnesses: up to 3 in the ordinary procedure and up to 2 in the summary procedure.
• Worker absent: dismissal and court fees, unless a justified reason is shown within 15 days.
• Employer absent: default and confession on the facts.

Step by step

1. Calling the case: the parties are called by name.
2. Conciliation: the judge proposes a settlement. Assess amount, installments and release before accepting.
3. Defense: the employer submits its answer, if it has not done so in the system.
4. Testimony: the worker and the employer's representative answer the judge's questions.
5. Witnesses: each side presents its own.
6. Closing arguments and a new settlement attempt.

Tips for the day

• Arrive early or test your connection for a virtual hearing.
• Answer only what is asked, with facts and dates.
• Do not discuss testimony with witnesses before the hearing.
• Bring copies of everything, organized by topic.

Frequently asked questions

Can I attend the hearing without a lawyer?

Yes. At first instance and the TRT, jus postulandi applies, but guidance from a lawyer or the Public Defender helps.

What happens if I miss the hearing?

The case is dismissed. To avoid court fees, you must prove a legally justifiable reason within 15 days.

Do witnesses need to be summoned?

In the summary procedure, the party brings the witness. In the ordinary procedure, you can ask for a summons in advance, according to the court's rules.

Read more in this series

• Brazilian Labor Courts
• Witnesses in labor cases
• Labor settlements
• Index: complete guide to labor rights

Topic: this guide is part of Labor Courts, complaints and free legal help, with all the guides on the subject.