Post by xyz3000 on Feb 12, 2024 5:40:47 GMT 1
In the case of lack of liquidity or difficult sale of the asset indicated by the debtor to cover the debt, the blocking and seizure of money in the current account may be authorized. With this understanding, the 1st Panel of the Superior Labor Court rejected Petrobras' appeal. The seizure was ordered by the Bahia Labor Court, which considered it difficult to sell the asset indicated by Petrobras to settle the labor debt — a computer for processing information about earthquakes, valued at R$100,000. According to the rapporteur of the appeal at the TST, minister Lelio Bentes Corrêa, the lack of liquidity of the asset is blatant, due to its restricted use to oil exploration companies.
The minister stated that replacing the seized asset with money did not mean an increase or decrease in the value of the seizure. In the appeal to the TST, Petrobras' defense claimed that the act of the Bahian labor court resulted in a restriction of defense and an offense against the adversarial principle, as it was not offered the opportunity to contest the replacement of the equipment for money. Minister Lelio Estonia Email List Bentes recognized the importance of observing the contradictory principle in procedural law, but stated that the case involves an exception. “The system enshrined in civil procedural legislation does not ignore this requirement by conditioning the possibility of reducing or expanding the attachment, by judicial act, to the hearing of the opposing party. In this case, however, there was no increase or decrease in the value of the seizure, but the replacement of the asset by blocking and seizure of existing credits in the current account”, stated the minister.
There is no room for this charge, which is undue, as users already pay, separately, for the installation of lines and for other expenses necessary for the effective operation of their home or business telephone. You also pay for calls made and received collect, as well as for any and all extraordinary services that are required, with very rare exceptions. How is charging for this ill-fated “monthly subscription” justified in this way? The value, which is not small, is needed by São Paulo and Brazilian families, who are already constantly restricted in their purchasing power, as there are countless increases, readjustments, surcharges, fines, taxes, fees and now, as if that were not enough, “blackout insurance” that they have to endure.
The minister stated that replacing the seized asset with money did not mean an increase or decrease in the value of the seizure. In the appeal to the TST, Petrobras' defense claimed that the act of the Bahian labor court resulted in a restriction of defense and an offense against the adversarial principle, as it was not offered the opportunity to contest the replacement of the equipment for money. Minister Lelio Estonia Email List Bentes recognized the importance of observing the contradictory principle in procedural law, but stated that the case involves an exception. “The system enshrined in civil procedural legislation does not ignore this requirement by conditioning the possibility of reducing or expanding the attachment, by judicial act, to the hearing of the opposing party. In this case, however, there was no increase or decrease in the value of the seizure, but the replacement of the asset by blocking and seizure of existing credits in the current account”, stated the minister.
There is no room for this charge, which is undue, as users already pay, separately, for the installation of lines and for other expenses necessary for the effective operation of their home or business telephone. You also pay for calls made and received collect, as well as for any and all extraordinary services that are required, with very rare exceptions. How is charging for this ill-fated “monthly subscription” justified in this way? The value, which is not small, is needed by São Paulo and Brazilian families, who are already constantly restricted in their purchasing power, as there are countless increases, readjustments, surcharges, fines, taxes, fees and now, as if that were not enough, “blackout insurance” that they have to endure.