DECISION AND IMPACT ON THE ENTREPRENEURS OF GARMENT INDUSTRY
Recent decision taken Brazilian news: the Federal Supreme Court (STF) has changed the understanding that had so far and gave new interpretation to the constitutional text, allowing, after the judgment in appeals, the defendant in a criminal case can be arrested, although there are other outstanding features of judgment to the higher courts.
The case examined by the Supreme Court was a habeas corpus filed by the defendant, whose arrest was determined by the São Paulo Court of Justice after the judgment of the appeal, ie before resources to Brasilia, the final judgment.
In time of pretrial detention every day reported in the newspapers, it is important to clarify the difference: probation is intended to prevent the defendant destroy evidence, coerce witnesses, obstructing the progress of criminal proceedings and avoiding condemnation. For this reason, many entrepreneurs were arrested in the operation Lava jet because they could and were hampering investigations.
It is important to clarify that the pretrial detention operation Lava Jato no convictions of second instance, that is, these entrepreneurs have not been found guilty yet. Hence the concern of incarcerating someone before they had finished all the resources, because some injustice could be committed. There is no return years of life unjustly taken from a person considered innocent only in his last resort.
It considered, however, the Supreme Court that the chances of conviction of change in the Superior Courts are remote and not reconsider evidence or fact situations, only if there was violation of the law or the Constitution.
Obviously, changing the understanding of the Supreme Court is an answer to the cry for justice of the Brazilian people. Latest years for a sentence to be fulfilled – as in the notorious case of the journalist Pimenta Neves, who killed his girlfriend and was many years at liberty awaiting the final judgment, or the exhaustion of all resources – creates a sense of impunity and hopelessness.
Delayed justice is no justice and society to believe that if someone violates its laws, will be judged and punished according to the rules.
There are several reasons for the slowness of the judiciary, so that would not fit here in the space of this column, however, much has been done in recent years to try to minimize this delay and provide the people a dignified judicial services.
I believe that what has been done so far has not been enough, because the sense of impunity still pervades our lives.
But what does this have to do with the life of the entrepreneur in the textile sector and Brazilian production? The answer is simple and stems from the result of the Supreme Court decision, applied by the Labour Court.
In a recent decision, the Labour Court has released the former employees of VASP values that were deposited in court by the forced sale of two farms, Rio Verde and Santa Luzia, owned Wagner Canhedo.
Around 6,000 employees have been fighting for more than a decade in court to receive labor amounts owed by the VASP, but as yet hung the trial of some features in the courts of Brasilia, the money could not be released.
With the decision of the Supreme Court, the Labour Judge Flavio Bretas Soares understood that no longer fit to await the final judgment of these cases and released the payment of the proceeds to employees, stating his decision this way: “Now, in criminal cases, in the object is the very freedom of the person, the sentence is possible, even more legitimate is the full implementation of the second degree sentence in labor, in the run defrauded the right to more than 6000 workers. ”
I believe that the ministers of the Supreme Court did not imagine that the decision to imprison a criminal prosecution of the defendant before the final judgment could have this impact in labor. I can not deny wit the labor magistrate, whose rapid decision-making, as soon disclosed the new understanding of the Supreme Court, may have eased the suffering of thousands of people.
This decision should be followed by other labor judges, so I started to warn entrepreneurs in dispute in court about the change of understanding.
The labor law already allows provisional execution before the final judgment, when there is pending appeal, but now I understand that if the case has been dismissed on appeal, pending appeal to higher courts, can the claimant obtain the values of deposits appellate the file and to perform attachment in contacorrente and raise the values, even without trial in Brasilia.
It is too early to predict the consequences of this decision and whether it will create a new injustice, that is, claimants receive values which will then be considered improper, but hardly the defendant company will get back.
As I said, it is too early to know the consequences of that decision, however, that our society calls for change and this is a big change have no doubt.