2nd instance

Judgment rendered in 1st instance is published. The injured party can try to change the judgment, taking an Ordinary Appeal against the decision, in which the Appellee's Brief is described; that is, the reasons to disagree on the court judgment. The whole process and the previous judgment are re-evaluated in 2nd instance through the ordinary appeal.

If the party satisfied with the judgment is aware of the ordinary appeal proposed by the other party, a Cross Appeal can be presented, with the Appellee's Brief. A cross appeal reinforces the arguments in favor of the judgment, as opposed to the ordinary appeal.

A cross appeal can only be proposed upon an ordinary appeal. The judge uses all appellee's briefs (of ordinary and cross appeals) to maintain or change the previous judgment.

Or else, if one of the parties does not understand the judgment or disagrees with its approach, a Motion for Resettlement is filed so the judge can analyze the judgment, clearing up the doubt or omission of the first judgment.

At the end of a Motion for Resettlement, even if the doubts were answered, if some of the parties does not agree with it, an ordinary appeal can be filed, whether judgment were reformulated by the new judge or not.

Not only the ordinary appeal, but the motion for resettlement makes the process to be judged in second instance and always by a judge different from the one who rendered the decision in first instance.

Example of lawsuit flow in second instance:

After all this evaluation process, considerations of the judge about the appeal are forwarded to the Regional Labor Court - TRT. In TRT, the lawsuit is delivered to a court reporter who judges it and renders the judgment in 2nd instance. In this stage, the appeal is applicable by the injured party. The appeal that interferes with this phase is called Review Appeal.

The judge analyses whether there is an Interlocutory Appeal in this review appeal or not; if yes, the lawsuit is directed to TST; otherwise, it is judged again in second instance. Then, a new judgment is rendered.

Follow-up the lawsuit flow when it is forwarded to the Superior Labor Court\".