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Surety Bond: A viable solution for companies facing recourse deposits and cash court guarantees

July 29, 2024

Recently, the firm addressed in one of its publications the update of the judicial deposit values made available by the Superior Labor Court (TST), which will come into effect in August as of August 1, 2024.

To ensure the correct filing of the appeal and subsequent knowledge and judgment of the appeal, it is essential that lawyers and parties are aware of the correct amounts to be collected, which can often represent a considerable financial burden.

However, many companies choose to use an efficient and safe alternative: surety bonds.

Surety bonds are a viable and safe alternative to guarantee legal obligations before the labor courts. Many companies end up choosing to use them either as a financial strategy or due to possible financial difficulties.

The fact is that the understanding is currently consolidated by the Courts regarding the acceptance of this type of judicial guarantee, which also provides support in law.

Law No. 13,467/2017, also known as labor reform, amended the CLT to expressly allow the replacement of the appeal deposit with a bank guarantee or judicial surety insurance.

In view of this, it has become possible for companies to present an insurance policy issued by a reputable insurer as a guarantee of payment of court deposits, thus aiming to reduce possible financial impacts, in addition to granting greater flexibility in legal obligations.

For the surety bond to be accepted, some requirements are necessary, including: it must be issued by a reputable insurer, the insured value must be the amount of the debt or the corresponding value of the relevant resource plus 30%, registration with SUSEP, term of validity of the insurance, etc.

The surety bond represents a significant evolution in Labor Justice, in order to provide companies with an efficient and safe alternative to fulfill their legal obligations and at the same time with less cost.

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.

Ana Carolina Vasconcelos

+55 11 3090-7302

ana.vasconcelos@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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