Experience

Experience

Defense of an Automotive Parts Company in an Employment Relationship Action in the Labor Court

August 16, 2024

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael Mello

+55 11 3090-7304

rafael.mello@br-mm.com

Israel Cruz

+55 11 3090-9195

israel.cruz@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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