TST reestablishes nullity of attachment on property sold to third person
The th Panel of the Superior Labor Court reinstated a sentence that had annulled the seizure of a property acquired from a labor debtor by a third person. reproduction Reproduction TST reestablishes nullity of attachment on property sold to third person For the panel, as the buyer's bad faith and knowledge that, at the time of the transaction, there was a labor action capable of reducing the debtor to insolvency was not proven, there is no way to presume execution fraud. The Regional Labor Court of the st Region declared the existence of execution fraud, as it understood that the preliminary purchase and sale contract had only been registered after the distribution of the share and after summons to the debtor. According to the TRT, in this case, the buyer's responsibility is presumed. For the th Panel of the TST, however, the requirement for the finding of execution fraud is not purely objective, as the Regional Court reasoned. “It is necessary to analyze the subjective element, that is, the existence of bad faith on the part of the third party purchaser”, stated the rapporteur, Minister Caputo Bastos. According to him, even if the sale of the property took place after the action was filed, without proof that the buyer acted in bad faith or was aware of the action at the time of purchase, there is no way to presume execution fraud.The decision was unanimous. With Greece Phone Number information from the TST press office.We can calmly say that the desire is not to "return to what was before", but that any construction and alteration of legislation and public policies aimed at the world of work be carried out within democratic parameters considered indeclinable and consider the necessary participation and consideration of the will of everyone, not just businesspeople. And saying this does not mean any unpatriotic conduct or policy that worsens Brazil's international image. It's just a duty to tell the truth! The case of violation of Convention by Brazil remains on the long list and its conclusion is far from over, and could even return in During this period, the Brazilian case is under observation and information duty. There's nothing to celebrate. The inclusion of a country on the ILO's long list or short list as countries that violate international labor standards is not celebrated, as this means social regression, precariousness, contempt for working human beings, suffocation of trade unions and removal from collective negotiations. and the essential social dialogue. A country that currently has million unemployed people, more than six million discouraged people and million informal workers cannot be considered a country with "good labor practices" before the international community.
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This is no reason for applause. The Provisional Measures issued in , which favored individual agreements to the detriment of the collective, indicate that Brazil, in addition to remaining inattentive to ILO Convention (which included it on the short list in and ), still completely demonstrates that it disregards requests of that body's Committee of Experts to promote social dialogue and provide information to the ILO. With legislative and practical adjustments, we will truly celebrate Brazil's exit from the short list of countries violating fundamental ILO agreements and, who knows, we will celebrate together the change in a social model of misery and inequality installed in our country, leaving , definitely, from the decade of self-centrism. Until then, it is up to workers' organizations and those committed to social rights, who have a voice in the ILO, to remain vigilant, providing the necessary information, based on the truth, the reality of the country and making the necessary complaints, with the Brazilian state being responsible for following the rules contained in the international labor standards to which it is a signatory and adapt labor and government legislation and practices to international standards.
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