Labor decisions guarantee free justice for the cinema chain

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If insufficient financial resources are proven, legal entities can guarantee the benefits of free justice and exemption from the labor appeal deposit. The decisions in favor of Cinemas Lumiére in several cases in the Labor Court were in this sense. reproduction Cinemas Lumiére guaranteed the benefit of free justice in several processes. reproduction Some company employees filed labor lawsuits requesting severance pay, and the firm Brasil Salomão e Matthes Advocacia , responsible for defending Cinemas Lumiére, filed ordinary appeals in several of these processes, aiming to guarantee free justice. The most recent decision was published this Monday , in a ruling handed down by the rd Panel of the Regional Labor Court of the th Region. The understanding of the reporting judge, Celso Moredo Garcia, was that it was possible to recognize free justice for legal entities, but they must prove, unequivocally, the insufficiency of financial resources to cover the costs of the process.

As pointed out by the judge, the Greece Phone Number documents presented by the company demonstrated the absence of revenue between the months of April and December Due to the Covid- pandemic, cinemas have had their activities suspended for more than a year with no prospect of a return. In this way, it granted the benefits of Free Justice to the company, exempting it from paying costs and the appeal deposit. Another decision in the same direction was made by the th Panel of the TRT of the th Region, whose rapporteur was judge Luiz Eduardo Gunther. The judge understood that free justice is guaranteed by the Constitution, including for legal entities, as long as economic insufficiency is proven. In this case, the company demonstrated that it is unable to pay creditors and expenses arising from its activity, fatally affected by the coronavirus pandemic. Therefore, it was deemed fair to grant the benefit of free justice and reduced the percentage of succumbing fees due to % of the total amount due.



The company was defended by the firm e compared, for example, to face-to-face communication, perhaps tele-face-to-face communication these days. Therefore, it is essential to remember that the person receiving the message is a human being who, like all of us, has feelings, emotions and rights. The duty of civility and respect are indispensable, which is why they guide the employment contract even after its termination, and it is essential to emphasize that these duties need to be observed by both parties. Lastly, and not least, it should be noted that so far the Superior Labor Court has not issued any value judgment regarding the procedure for validating worker dismissal through the WhatsApp tool, so we should soon be attentive to the possible guideline to be applied by the highest Court of Labor Justice.For all of this, it is important to keep in mind the institutional mission of the Judiciary, to resolve concrete conflicts, apply the law and preserve the collective and individual autonomy .