Ariadne Fabiane Velosa Cavalcanti
Lawyer at Marcos Martins Advogados
The 6th Panel of the Superior Labor Court (TST) unanimously dismissed a union’s claim for free legal aid on the grounds that there was no proof of economic hardship.
The union had filed a collective action, as a proxy, requesting payment of a fine for non-compliance with a clause in the collective agreement regarding work on public holidays, as well as attorney’s fees and free legal aid.
The lower court dismissed the case, rejected the request for free legal aid and ordered the union to pay legal fees.
The Regional Labor Court of the 4th Region, on the other hand, overturned the ruling, on the grounds that the declaration of economic hypo-sufficiency of the replaced employees would be sufficient for the union to be granted free legal services.
However, Justice Kátia Arruda, who reported the case to the Superior Labor Court, pointed out that the court’s understanding is that a mere declaration of economic hardship is not enough to grant free legal aid, and that the party must demonstrate unequivocal proof in the case file that they cannot afford the procedural costs, as stated in item II of Precedent 463 of the Superior Labor Court.
This understanding makes it possible for companies to use this thesis in their pleadings to challenge the benefit of free justice for employees who file a Labor Claim and do not fully demonstrate their inability to pay the costs of the case.
To this end, it is highly recommended that companies seek legal advice on how to comply with the legislation, which Marcos Martins Advogados is able and prepared to offer.
