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MIL OSI-C. Region: Latin/Latin America

Source: the Republic-of-Brazil-2

The server that you moved the labor action dismissed as against Funai will pay for the fees

Posted : 10/02/2020 – up-to-Date till : 14:25:02 pm

The Federal Attorney General’s Office obtained a favorable decision in the Labor Court and ensured that a federal civil servant who filed a lawsuit against the Fundação Nacional do Índio (Funai) was ordered to pay the costs of the process and the attorney’s fees. In the labor lawsuit, a civil servant sought to unduly accumulate benefits from the statutory and celetist regime after a change of bond. The civil servant claimed to have been contacted in 1981 without a public tender and to have migrated unconstitutionally to the statutory regime due to the entry into force of Law 8,112 / 1990 . He maintained, therefore, that his bond with public employment would never have ended and that, therefore, he would be entitled to retroactive deposit of the Guarantee Fund for Length of Service (FGTS) throughout this period. The value of the case attributed by him was R $ 643 thousand. But the AGU, through the Federal Regional Attorney’s Office of the 1st Region (PRF1), demonstrated the constitutionality of the transition, the prescription of the term for filing the action and, based on in the labor reform (Law No. 13,467) implemented in 2017 – which gave a new wording to the Consolidation of Labor Laws (CLT) – asked that the server be held responsible for the payment of costs and fees if the request was dismissed. Trabalho de Porto Velho (RO) accepted the AGU’s arguments, rejected the server’s request against Funai and sentenced the server to pay R $ 45 thousand (based on the value of the case), R $ 12.8 thousand of which procedural costs and R $ 32.1 thousand in attorneys’ fees. As he is a civil servant, whose gross income exceeds the percentage of 40% (forty percent) of the maximum limit of the benefits of the General Social Security System (RGPS / INSS), the Labor Court also dismissed the request for free justice formulated by the plaintiff. Litigation “The decision signals the Judiciary’s position regarding the dismissal of this type of request”, states federal prosecutor Gabriel Mônaco, who works in the PRF1 Regional Labor Matters Team. “In addition, it was important because it imposed a considerable financial burden on the server. Such measure has a dissuasive nature and discourages the multiplication of lawsuits of the same nature, avoiding what we call inconsequential litigation, that is, litigation without major consequences. As soon as the person sees the negative consequence of improperly moving the judicial machine, we stop the litigation ”, he evaluates. In cases of this nature, after the res judicata, the servant needs to prove the payment of the amounts, under penalty of execution process will be initiated with the attachment of assets and values of the servant. The change The AGU demonstrated that the modification of the regime happened by determination of the Federal Constitution (art.39), which establishes that the civil servants must be governed by a single regime – so that the bond of a celetist nature was terminated as of the entry into force of Law No. 8,112 / 1990.The Advocacy-General also pointed out that the claim was filed 27 years after the regime transition and that, according to the Constitution, the term for the labor claim is two years after the termination of the employment contract. He also stressed that the civil servant has enjoyed, throughout this time, advantages inherent to the statutory regime, such as stability, annuities, personal pecuniary advantages and social security under the social regime – so that it would not be correct to accumulate such benefits with those of the celetist regime. , such as FGTS payment.

EDITOR’S NOTE: This article is a translation. Apologies should of the grammar and/or sentence structure not to be perfect.

MIL Translation OSI