Recognition of the incompetence of labor courts to judge similar actions.
We acted in the defense of a company in the automotive spare parts industry in a lawsuit in which a legal entity sought recognition of an employment relationship before the Labor Court. Using a solid legal strategy, we were able to obtain a favorable decision from the judge, who declared the Labor Court incompetent to judge the case and ordered the case to be sent to the Civil Court.
Description of Activities:
- Legal Analysis: We begin the work with a detailed analysis of the allegations made by the plaintiff and the contractual circumstances involved with the analysis and study of important precedents.
- Preparation of Defense: Based on the initial analysis, we structured a robust defense that argued that the Labor Court was incompetent to judge the case. This defense was based on legal precedents and a careful interpretation of the applicable legal standards.
- Hearing and Oral Argument: We represented the company at a hearing, where we presented our arguments to the judge, demonstrating that the relationship maintained between the parties was of a civil nature, thus removing the jurisdiction of the Labor Court to judge said action.
- Favorable Decision: Our arguments were accepted by the judge, who declared the Labor Court incompetent to judge the case and ordered the case to be sent to the Civil Court. This decision was an important milestone, as it served as a precedent for other cases, as well as to discourage future labor liabilities.
Our work ensured that the company remained protected against undue demands in the Labor Court, keeping its operations within legal limits and avoiding unnecessary losses. Thus, reducing exposure to future labor liabilities.