Jayme Petra de Mello Neto
Lawyer at Marcos Martins Advogados
In order to prevent the case from being dismissed, the TRT of the 2nd region approved a settlement via the WhatsApp messaging app during a hearing at the 76th Labor Court in São Paulo, since the plaintiff was unable to appear in court because he lives in the municipality of Jataúba/PE.
The labor judge who brokered the agreement understood that there would be harm to the party if he did not continue with the hearing, clarifying that there is no legal impediment prohibiting such a procedure.
According to the magistrate, with the agreement of both parties’ lawyers, the hearing was suspended so that contact could be organized with the claimant from Pernambuco. The plaintiff, in turn, accepted the agreement proposed by his employer after hearing clarifications from the magistrate about the proposal, as well as the effects of acceptance or non-compliance, all carried out via video call from the lawyer’s phone.
The plaintiff identified himself using his ID, accepted the terms of the agreement and was satisfied with the proposal. With both parties satisfied, the agreement was ratified by the judge.
In view of the procedural speed that is sought as one of the main principles of Labor Law, some judges across the country are using the WhatsApp tool to approve court agreements.
Although there is no legal support in the legal system for exempting the parties during the conciliation phase or for other judicial measures, the use of the WhatsApp application as a tool for subpoenas throughout the Judiciary was unanimously approved by the National Council of Justice (CNJ).
The decision was made during the virtual trial of the Administrative Control Procedure (PCA), challenging the decision of the Internal Affairs Department of the Goiás Court of Justice (TJGO), which had banned the use of the app in the Civil and Criminal Courts of the Piracanjuba/GO District.
As a result of this decision, the tool is being used more and more in the judiciary, especially in the Labor Court, where there are already several cases where agreements have been ratified using WhatsApp.
The decision ensures the speed and efficiency of proceedings, as well as motivating procedural communication via the app so that it can be followed by all courts in the country.
Taking into account the principles that govern the labor process, especially those of speed, simplicity of form and procedural economy, the application of this measure by the regional labor courts will certainly be well received, as it has already been.
It should be noted that the labor procedural rite is very similar to the rite of the special courts, mainly due to its focus on simplicity and informality.
