The present work deals with the analytical study of the extraneous ultra petitum conviction and its applicability in Brazil and Portugal. This analysis demonstrates great relevance for the academic environment, providing a better understanding of its application in the national territory and on Portuguese soil. His analysis exposes the dynamicity of the application of the theme in the legal order. In this way, it is verified the occasions in which there are the incidence of norms that make possible the application of the extraneous ultra petitum judgment in the concrete case. Thus, under a legalistic aspect will be shown the legal grounds that justify its application in the resolution of a lide in the concrete case. Therefore, it will be aimed to reveal the motivation for the creation or maintenance of norms that protect its application. Finally, we intend to analyze the theme on the historical, legal and social aspect, commenting on its materialization in society and the barriers imposed by several factors that affect all those that litigate in the justice to the labor relation.