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Recording made without the knowledge of the other interlocutor is not considered illicit, but only clandestine. Thus, the 2nd Panel of the Regional Labor Court of the 4th Region considered a telephone recording as valid evidence and thus upheld the conviction of a construction company to pay compensation for having provided discrediting information to other companies about a former employee. reproductionIn 2017, the construction foreman and the company signed an agreement for R$55,000 in an action in which labor rights were discussed. The author said that, after that, he began to be barred from job interviews at several other companies in the sector. In one of them, an employee allegedly made it clear that the man was on a "black list", as he had already sought his rights in court. To confirm the suspicion, a friend of the worker called one of the partners at the former employer and recorded the conversation. He asked for information about the former employee and the partner said he would be "terrible" and would have taken "a lot of money" from him. He also asked the interlocutor to send him an email with the company's identification so that he could send all the necessary information.
The 1st Labor Court of Bagé (RS) set compensation Phone Number List for moral damages in the amount of R$5,000. The understanding was that the illicit act had been proven, even though the way to obtain the declaration was debatable. On appeal, the construction company's defense claimed that the sentence was based on an illegal recording, made with the sole intention of extracting the necessary answers to obtain the request for moral damages. The judge-rapporteur Clóvis Fernando Schuch Santos considered the evidence "capable of judicial consideration", and clarified that "it is not a matter of listening or interception by others, since one of the interlocutors was responsible for making the recording, even without the knowledge of the other". The decision was unanimous. With information from the TRT-4 press office . STJ suspends decision that declared civil servant strike legal in Goiás The president of the Superior Court of Justice, minister Humberto Martins, suspended a decision by the Goiás court that recognized, in March, the legality of a strike carried out by public servants in the municipality of Santo Antônio do Descoberto (GO). José Cruz/Agência Brasil Decision made by the president of the STJ, minister Humberto Martins José Cruz/Agência Brasil For the minister, the municipality proved that, after three months, the situation had changed, with the reestablishment of payments claimed by the category, in addition to there being a loss in the provision of public services if the strike continued.
"The reduction in currently paralyzed employees has greatly compromised the provision of various public services, such as tax collection, urban cleaning and, not least, the provision of public health services, markedly compromised by the pandemic caused by Covid-19", stated the minister. After the reduction in the base salary in January 2021, as a result of a change in the civil servants' career plan, the Union of Teachers, Public Servants and Public Employees of the Municipality of Santo Antônio do Descoberto (Sindscognizing the right to strike and preventing the city hall from cutting employees' wages, as long as 50% of employees carrying out essential activities continued working. In the request for suspension of the injunction and sentence, the ciemployees in essential activities was not complied with. According to the municipality, there is a serious harm to health and the public economy with the continuation of the strike and, even with the filing of embargoes, the TJ-GO did not comment on the case, requiring the intervention of the STJ in the matter. According to the president of the STJ, the serious damage to public order and economy in the municipality is notorious and is fully established, as the factual situation that led to the granting of the injunction in March has changed.
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發表於 2024-3-9 18:42:11