Recently, the Superior Labor Court (TST) issued a decision that serves as an important warning to all those involved in labor lawsuits, especially in the context of virtual hearings. In a judgment, the TST denied the appeal of a caregiver for the elderly from Ronda Alta (RS) who sought recognition of an employment relationship with her employer. The reason for the rejection was not the merits of the case, but rather a nine-minute delay in entering the virtual evidentiary hearing, which led to the recognition of default and the consequent application of the fictitious confession to the detriment of the worker. 

 As established in article 844 of the Consolidation of Labor Laws (CLT), the absence of the claimant at the evidentiary hearing implies recognition of default, leading to the presumption of veracity of the facts alleged by the opposing party. Although labor legislation does not expressly provide for tolerance for delays, the case law of regional courts has already considered, in exceptional cases, the possibility of foregoing small delays in the name of the principles of reasonableness, full defense and the search for the real truth. However, the TST decision reaffirmed that, in the context of virtual hearings, punctuality must be strictly observed, considering that the legislation does not leave room for interpretations that make this aspect more flexible. 

The justification for such rigor is the need to ensure the efficiency, order and speed of legal proceedings, especially in a context where the use of technology has been expanded to ensure the progress of legal proceedings during and after the pandemic period. Virtual hearings, although promoting greater accessibility, require discipline and planning from participants to avoid procedural losses. In the case in question, the delay of only nine minutes was considered sufficient to justify the recognition of default, strictly following what is determined by law. 

Therefore, punctuality is essential and any delay may result in serious consequences, such as recognition of default and the application of a fictitious confession. To minimize risks, we advise participants to enter the virtual room at least 15 minutes in advance, ensuring sufficient time to resolve any technical difficulties and ensure their timely presence. 

Our legal team is prepared to offer all the necessary guidance before, during and after hearings, ensuring that our clients are not surprised by situations like this.