Post by xyz2900 on Feb 11, 2024 11:31:27 GMT
The state of Santa Catarina continues to be responsible for the labor debts of the Biotechnology Development Center, an entity with legal personality under private law supervised by the state government. The decision is from the 2nd Panel of the Superior Labor Court, confirming the understanding of the Regional Labor Court of the 12th Region (Santa Catarina). The Santa Catarina TRT applied the theory of disregard of the legal entity to the case and held the state responsible for the labor claims of a former employee, including him as the defendant in the execution of the debt. The state attorney's office appealed to the TST alleging that the state cannot be a passive subject in labor enforcement because it did not participate in the procedural relationship and was not included in the judicial executive title.
The state also claimed its exclusion from the process, arguing that the TRT of Santa Catarina violated the Federal Constitution (article 37, items XIX and XX), by disregarding the legal personality of the state (which is a non-profit legal entity governed by public law). The TST did not accept the arguments. According to minister Luciano de Castilho Pereira, the maintenance of the Belize Email List state of Santa Catarina as the passive pole of the execution was based on the conclusion that the state is co-responsible for the labor debts of the Center for Biotechnology Development, given its status as founding partner of the organ. The rapporteur explained that in the execution process, the TST can only be appealed in the case of direct and literal violation of constitutional provisions.
Such aspects are regulated by infra-constitutional norms, therefore, the discussion undertaken in these cases does not reach the constitutional scope. Therefore, a possible error in the judgment under appeal would not constitute a direct and literal violation of the aforementioned constitutional provisions, but rather a reflex violation, incapable of giving rise to the validity of the review, along the lines of the consolidated permissive”, concluded the minister. The decision of the 2nd Panel of the Superior Labor Court was unanimous.What is intolerable for them is that the losses from the tug of war between unions and the government fall into the taxpayer's pocket.We are not against the right of agents to strike, but the right of one ends where the right of another begins.
The state also claimed its exclusion from the process, arguing that the TRT of Santa Catarina violated the Federal Constitution (article 37, items XIX and XX), by disregarding the legal personality of the state (which is a non-profit legal entity governed by public law). The TST did not accept the arguments. According to minister Luciano de Castilho Pereira, the maintenance of the Belize Email List state of Santa Catarina as the passive pole of the execution was based on the conclusion that the state is co-responsible for the labor debts of the Center for Biotechnology Development, given its status as founding partner of the organ. The rapporteur explained that in the execution process, the TST can only be appealed in the case of direct and literal violation of constitutional provisions.
Such aspects are regulated by infra-constitutional norms, therefore, the discussion undertaken in these cases does not reach the constitutional scope. Therefore, a possible error in the judgment under appeal would not constitute a direct and literal violation of the aforementioned constitutional provisions, but rather a reflex violation, incapable of giving rise to the validity of the review, along the lines of the consolidated permissive”, concluded the minister. The decision of the 2nd Panel of the Superior Labor Court was unanimous.What is intolerable for them is that the losses from the tug of war between unions and the government fall into the taxpayer's pocket.We are not against the right of agents to strike, but the right of one ends where the right of another begins.