Brazilian Labor Court: how it works and how to file a claim

*The Labor Court (Justiça do Trabalho) is the branch of the Brazilian judiciary that decides disputes between workers and employers. Workers have up to 2 years after the end of the contract to file a claim and can recover rights from the last 5 years. The case starts in a first-instance Labor Court (Vara do Trabalho*), can go up to the Regional Labor Court (TRT) and, in specific cases, to the Superior Labor Court (TST).

Quick summary

• Deadline: 2 years after the end of the contract; claims cover the last 5 years.
• Three levels: Labor Court of first instance → TRT → TST.
• Claims worth up to 40 minimum wages (R$ 64,840 in 2026) follow the faster summary procedure (sumaríssimo).
• Missing the first hearing can get the case dismissed.
• You can request free legal aid (justiça gratuita).

How the Labor Court is organized

• 1st instance — Body: Labor Court (Vara do Trabalho) · Role: Receives the claim, holds hearings, hears witnesses and issues the judgment
• 2nd instance — Body: Regional Labor Court (TRT) — 24 in the country · Role: Hears appeals against judgments (ordinary appeal)
• Superior — Body: Superior Labor Court (TST), in Brasília · Role: Standardizes the interpretation of the law (appeal for review); does not re-examine evidence

Deadline to sue the employer (limitation)

The Constitution (art. 7, XXIX) and the CLT (art. 11), Brazil's Consolidated Labor Laws, set two rules that work together:

• Two-year limitation: the claim must be filed within 2 years of the end of the contract.
• Five-year limitation: only amounts from the 5 years before the filing date can be claimed.

So don't wait: every month of delay can mean one less month of recoverable rights. For unpaid FGTS (the Severance Indemnity Fund), the same 5-year period applies (TST Precedent 362, depending on the date of the violation).

Procedures (rites)

• *Small-claims procedure (alçada)* — Claim value (2026): Up to 2 minimum wages (R$ 3,242) · Features: As a rule, no appeal unless a constitutional issue is involved (Law 5,584/1970)
• *Summary procedure (sumaríssimo)* — Claim value (2026): Up to 40 minimum wages (R$ 64,840) · Features: Specific claims with stated amounts; up to 2 witnesses per party; single hearing (CLT, arts. 852-A to 852-I)
• Ordinary procedure — Claim value (2026): Above 40 minimum wages · Features: Up to 3 witnesses per party; there may be more than one hearing

Since the Labor Reform (Law 13,467/2017), the initial claim must state the amount of each request (art. 840, §1).

Step by step for a labor claim

1. Gather documents: work card, contract, payslips, FGTS statement, termination form, messages, emails, names of witnesses.
2. Organize your claims and amounts: what was not paid, for which period and how much.
3. Choose how to proceed: with a private lawyer, union assistance, a law school legal clinic or on your own (jus postulandi).
4. File the claim through the PJe electronic system or at the TRT's service desk (atermação).
5. Follow the notices: the hearing date will be announced in the case.
6. Attend the hearing: the judge attempts a settlement; if there is no agreement, the employer presents its defense and evidence is produced.
7. Judgment and appeal: the losing party can file an ordinary appeal to the TRT within 8 business days (art. 895).
8. Enforcement: if the employer does not pay what was decided, the court can order funds to be frozen and assets seized.

The hearing: what you need to know

• If the claimant misses the first hearing without justification, the case is dismissed (art. 844) and they may be ordered to pay court costs.
• If the employer misses it, it may be declared in default and the facts alleged by the worker may be presumed true.
• Witnesses usually attend without being summoned — arrange this with them in advance.
• Bring photo ID and copies of the main documents.

Free legal aid and attorney fees

Free legal aid can be granted to anyone earning up to 40% of the INSS benefit ceiling (INSS is the National Social Security Institute) or to anyone who proves they lack resources (art. 790, §§3 and 4). Since 2017 there are loser-pays attorney fees of 5% to 15% (art. 791-A). In ADI 5766, the Federal Supreme Court (STF) held unconstitutional charging these fees to free-legal-aid beneficiaries out of amounts won in the case — but it is essential to make only claims you can support with evidence.

Frequently asked questions

How long does a labor case take?

It depends on the court, the procedure and any appeals. Summary-procedure cases tend to be faster. A settlement at the first hearing ends the case immediately.

Can I sue my employer while still working there?

Yes. The 5-year limitation runs during the contract, so waiting can mean losing older amounts.

Do I have to pay to file a claim?

There is no fee to file. Court costs, if any, are paid at the end by the losing party, and free-legal-aid beneficiaries are exempt.

How do I look up my case?

By the case number, on your region's TRT website or in PJe, with no registration needed for public searches.

Can I settle before the hearing?

Yes. Out-of-court settlements can be approved by the judge (arts. 855-B to 855-E), with a separate lawyer for each party.

Read more in this series

• Temporary work: rights, deadlines and rules
• CLT worker rights: complete guide
• Jus postulandi: how to sue without a lawyer
• Severance pay: what you receive for each type of dismissal
• Index: complete guide to labor rights