Post by xyz3000 on Feb 12, 2024 7:48:55 GMT
The Federal Public Ministry in the Federal District wants the construction company OAS to return R$71 million that prosecutors claim was paid in excess by the administration of the Superior Court of Justice, when the building was built. The construction cost R$750 million to the public coffers. Public prosecutors José Alfredo de Paula Silva and Raquel Branquinho filed a Public Civil Action against OAS, who raised and works in the new building of the Superior Labor Court, in Brasília. In the action, the prosecutors report alleged illegalities in the bidding process and in the execution phase of the work, verified by a team of auditors from the Federal Court of Auditors and, later, by an engineering analyst from the MPF itself. The action was distributed to the 9th Federal Court of the DF.
There is also no point in signing a written hours compensation agreement with the employee, unless the extra hours worked have actually been compensated: the employee's testimonial evidence in court could invalidate it. Therefore, not only the personnel department of companies in general, but also their managers, must be careful to comply with all these requirements, otherwise they will suffer Estonia Email List unpleasant consequences in the future. For managers, in particular, since, currently, non-compliance with labor standards is not only restricted to the Courts or the Ministry of Labor, such occurrences can generate Criminal Actions for committing the crime of frustration of rights guaranteed by labor legislation, in form of article 203 of the Brazilian Penal Code, whose penalty is one to two years' imprisonment, plus a fine.
As the work was completed more than 10 years ago, the Improbity Action was prescribed. Reimbursement, however, does not prescribe. Therefore, the Federal Public Ministry requests the return of the R$71 million that would have been paid in excess. When contacted by Consultor Jurídica magazine , the company manager was not located.According to the Code of Civil Procedure, the summons of the defendant is essential for the validity of the process (art. 214). Such is the relevance of the act, that it constitutes a requirement for the existence of the procedural relationship: in the absence of citation, there is no process, the performance of the jurisdictional function is rendered unfeasible and, consequently, the authority of res judicata is denied to the decision eventually rendered (in this sense , Marinoni and Arenhart, Knowledge Process Manual, São Paulo: RT, 2000102.
There is also no point in signing a written hours compensation agreement with the employee, unless the extra hours worked have actually been compensated: the employee's testimonial evidence in court could invalidate it. Therefore, not only the personnel department of companies in general, but also their managers, must be careful to comply with all these requirements, otherwise they will suffer Estonia Email List unpleasant consequences in the future. For managers, in particular, since, currently, non-compliance with labor standards is not only restricted to the Courts or the Ministry of Labor, such occurrences can generate Criminal Actions for committing the crime of frustration of rights guaranteed by labor legislation, in form of article 203 of the Brazilian Penal Code, whose penalty is one to two years' imprisonment, plus a fine.
As the work was completed more than 10 years ago, the Improbity Action was prescribed. Reimbursement, however, does not prescribe. Therefore, the Federal Public Ministry requests the return of the R$71 million that would have been paid in excess. When contacted by Consultor Jurídica magazine , the company manager was not located.According to the Code of Civil Procedure, the summons of the defendant is essential for the validity of the process (art. 214). Such is the relevance of the act, that it constitutes a requirement for the existence of the procedural relationship: in the absence of citation, there is no process, the performance of the jurisdictional function is rendered unfeasible and, consequently, the authority of res judicata is denied to the decision eventually rendered (in this sense , Marinoni and Arenhart, Knowledge Process Manual, São Paulo: RT, 2000102.