Ordinary appeal in Brazilian labor cases: deadline, costs and how it works

*The ordinary appeal (recurso ordinário) is the appeal against a judgment of the first-instance Labor Court, decided by the Regional Labor Court (TRT). The deadline is 8 business days from notice of the judgment (CLT, arts. 775 and 895 — the CLT is Brazil's Consolidated Labor Laws), and the worker can appeal without a lawyer (jus postulandi).*

Quick summary

• Deadline: 8 business days from notice of the judgment; the other party has 8 business days for counter-arguments (contrarrazões).
• Who decides: a panel of the region's TRT.
• Costs: a worker with free legal aid pays no court costs; the appeal deposit is only required from the employer.
• Without a lawyer: allowed at the TRT (TST Precedent 425 — the TST is the Superior Labor Court); not for the TST.
• Motion for clarification (embargos de declaração): 5 business days to ask for clarification of an omission, contradiction or obscurity in the judgment (art. 897-A); it interrupts the deadline for the appeal.

Step by step

1. Read the judgment and list what was denied and why.
2. Consider a motion for clarification if the judgment failed to address any claim.
3. Write the appeal in two parts: a filing petition addressed to the first-instance judge and the grounds (razões) addressed to the TRT.
4. In the grounds, explain each point you want reversed, based on the evidence in the case and the law.
5. File through PJe (the electronic court system) within the deadline and follow the counter-arguments.
6. Follow the hearing schedule on the TRT website; there may be oral argument.

What you can and cannot do in the appeal

• You can: challenge facts, evidence and law — the TRT re-examines the case.
• As a rule, you cannot: bring new facts or documents that could have been presented earlier.
• Summary procedure: the ordinary appeal is also available, with faster processing at the TRT.

After the TRT

Against the TRT's decision, an appeal for review (recurso de revista) to the TST is available in restricted situations, and it requires a lawyer. See Jus postulandi and Court-appointed lawyer.

Frequently asked questions

What is the deadline for an ordinary appeal in a labor case?

8 business days, counted from notice of the judgment.

Does the worker pay the appeal deposit?

No. The appeal deposit is required from the employer.

Can I appeal without a lawyer?

Yes, to the TRT. For appeals to the TST, a lawyer is mandatory.

Read more in this series

• Labor Court: how it works and how to file a claim
• Jus postulandi: how to sue without a lawyer
• Free legal aid in the Labor Court: who is entitled and how to apply (2026)
• Labor settlement: how it works and what to check before accepting
• Index: complete guide to labor rights