Paloma da Silva Aguiar
Lawyer at Marcos Martins Advogados
Servants and judges in the interior of São Paulo, due to the pandemic caused by COVID-19, and, consequently, due to the quarantine decreed by the Governor of the State of São Paulo, in March 2020, which has been extended to the present day, which caused the closure of all labor forums in the state, are innovating in the conduct of proceedings.
As a result, the main difficulty encountered was in conducting initial or pre-trial hearings, due to the impossibility of bringing the parties together in one place, as well as the lack of resources of some of the parties, who would be harmed by conducting hearings virtually.
As a result, the approach being adopted by magistrates in the region is to cancel initial and pre-trial hearings, so that they can be scheduled at an appropriate time. However, they are doing so in order to keep the proceedings moving forward without harming the parties.
Thus, the possibility of direct negotiations between the parties has become a common procedural tip in the last few months of 2020.
The civil servants began to prioritize the appointment of Conciliation Hearings, or even the filing of agreements made by the parties directly in the process.
However, if the parties are still in contact via cell phone or whatsapp, the Magistrates are now also accepting supporting documentation of these negotiations, not only by formal petition, but also by “prints” of dialogues on apps, in which the approval of the agreement will depend on the effective agreement of the opposing party.
In addition, the new procedural practice allows the parties to ask about the need to take evidence, and there must be a specific delimitation of the points, so that the Court can check whether there is a real need to hold a hearing or whether it will proceed directly to judgment, by closing the procedural instruction.
Finally, it is also worth mentioning that the Judges have set up electronic means of carrying out internal procedures and general communication, such as: a) the indication of e-mails by the parties to send subpoenas and/or clarifications regarding the holding of a Hearing by the Court; b) the use of online platforms; and c) direct communication channels with the Labor Court, both by telephone and e-mail, so that any party can send their questions or requests for measures.
It can be concluded, then, that even in the midst of difficulties, the Judiciary has been adjusting, not only in order not to harm the workers’ labor cases themselves, but also in order not to burden employers with any debts due to time delays.
