A worker who filed actions with the same content against a gaucho municipality was penalized by the Regional Court of Labor of the 4th Region of Rio Grande do Sul (TRT-RS) for litigation of bad faith. The decision, disseminated in August, defines that the worker should pay a fine of 1% of the value attributed to the process, as well as a compensation of 20% on this amount. The actions were moved at different times, however, by the same lawyer, which also motivated the TRT-RS to report the conduct of the professional to the Brazilian lawyers (OAB).

During the process, the first instance judge identified that the request carried out by the worker in 2015 had already been judged and rejected in previous processes. The magistrate pointed out that the lawyer had a knowledge of the background actions, and that again the same requests would be to use the Judiciary in an undue.

" employee. However, in cases such as mentioned above, it is quite reasonable that the claimant becomes deserving of said condemnation, since this type of procedure reveals the intention of the Ambing values ​​that knows how not to do Jus, instead, regardless of of the result of the previous action, eventual provider would generate undue advantage in detriment of the claim. In this way, this type of sanction is precisely for curing attentive acts to the principles governing procedural law as well as

They avoid illicit enrichment, which is widely fenced by national legal system ",

highlights Vinicius Just Blanco , member of the Labor Area of ​​Carpena Associated lawyers.