In a recent decision by the Labor Court of Embu das Artes-SP, a worker was ordered to pay fines for bad faith litigation and an act that undermined the dignity of the courts. The case involved a complaint about overtime, in which the plaintiff claimed that, after clocking in, he continued to perform his duties. However, a detailed investigation using geolocation technology revealed that the allegations were false, highlighting the importance of transparency and good faith in the judicial environment. 

The judge in the case used technology to resolve the dispute between the parties. Based on data obtained from transportation companies, telephone operators and Google, it was possible to compare the times recorded on the time cards with the location of the claimant's cell phone. The analysis revealed that, at all times when he left the company, the worker was already outside the company, which disproved his allegations. 

The judge, upon recognizing the worker's bad faith, emphasized that the act of misleading the judge with false information should be punished to prevent the practice of procedural fraud. The worker was ordered to pay the Union a fine of 20% on the amount in question, in addition to a fine of 9.99% to the company, for bad faith litigation. The sentence also ordered communication to the competent authorities, such as the Civil Police, Federal Police and Public Prosecutor's Office, for investigation of crimes such as slander, ideological falsehood and fraud. 

This decision highlights a crucial point for the management of labor disputes: the veracity of allegations. In an increasingly technological scenario, courts have at their disposal tools that allow for the verification of information in an accurate and efficient manner, which minimizes the possibilities of procedural fraud. 

As a law firm specializing in defending companies in labor lawsuits, we understand the importance of adopting a preventive and strategic approach to litigation. Cases like this highlight the risk of fraudulent actions and underscore the need to adopt preventive measures to mitigate the risks of labor lawsuits. 

The use of technology, such as geolocation, has proven to be increasingly relevant to validate the parties' claims, and the Judiciary has demonstrated a growing commitment to combating bad faith litigation and predatory judicialization. 

Therefore, if your company faces challenges in the labor field, it is essential to have specialized legal advice, which, in addition to defending your rights, helps to avoid the risks of fraud and labor disputes.