Panel defers corresponding compensation expense maid with contractual attorneys' fees

Panel defers corresponding compensation expense maid with contractual attorneys' fees

"Panel defers corresponding compensation expense maid with contractual attorney fees ( 06/12/2013 )

More legal news

The indemnification of attorneys' fees dividend is founded on the principle of full restitution , pursuant to articles 389 , 404 , 927 and 944 of the Civil Code . The result of the application of this principle is to ensure that employees compensation for property damage covering the amount he will pay for the return of his lawyer . Based on this understanding , expressed in the vote called Judge Marcio Toledo Gonçalves , the 7th Chamber of the TRT - MG partially upheld the appeal of the complainant and added to the condemnation payment of compensation for property damage , corresponding to the amount that the former housekeeper should remuneration paid to the attorney hired .

By filing the suit , the plaintiff , among other plots , pleaded to compensation for damage sustained by hiring and paying his attorney 's fees . The Chamber of Grade 1 refused the application on the grounds that the plaintiff was not required to make expenditures on hiring lawyer, since it could make use of the "jus postulandi " or even the assistance of their professional union , as Precedents 219 and 329 of the TST . The plaintiff appealed , invoking Articles 389 and 404 of the Civil Code .

And the rapporteur upheld the worker. According highlighted in voting , the legal basis for the granting of contractual indemnification of attorneys' fees is quite different from that related to the conviction of defeat in attorney 's fees in actions involving employment relationship in the labor courts . Therefore , has no place in case the requirement of the requirements of Law No. 5.584/1970 , which provides for the granting of legal aid in labor courts . It also does not apply to the hypothesis Precedents 219 and 329 of the TST .

According to the weights of the rapporteur, the claimant sought compensation expense was that it forced the title of contractual attorney fees , featuring authentic damages, damages component of the materials arranged in Articles 389 , 395 and 404 of the Civil Code .

The magistrate said the understanding reached by the TST , by Precedent 425 of the "jus postulandi " under Article 791 of the Labor Code , is limited to sticks and Regional Labour Courts and therefore hiring a private attorney ceased to be purely optional part because they will be assumed to have access to higher levels , as the TST and the Supreme Court , in case of extraordinary appeal .

The understanding adopted by the rapporteur is also expressed in Statement No. 53 , approved in 1st Day of Substantive Law and Procedural Labour , saying : . . " Reparations Fees Contractual Lawyer Articles 389 and 404 of the Civil Code authorizes the Judge work to condemn the loser in contractual attorney's fees , to ensure the winner the entire repair the damage. "

For these reasons , the Panel partially granted the appeal of the plaintiff , to add conviction to the payment of compensation for property damage , corresponding to the amount that the employee should be paid to compensate the lawyer she hired . The compensation was fixed at 20% of gross to be determined in the final award value.

Social Communication Secretariat Press imprensa@trt3.jus.br

Source : TRT 3rd Region 06/12/2013 ( 06:13 ) "


www.facebook.com/alessandro.brecailo.3 .

12/08/2013