Post by xyz3700 on Feb 27, 2024 7:11:08 GMT
The 3rd Labor Court of Diadema (SP) sentenced accountant Rogério Raucci, accused by businessman Laerte Codonho of scamming more than R$100 million against the beverage brand Dolly, for bad faith litigation in a labor action that he filed a lawsuit against the company, which is now in judicial recovery. The decision obliges Raucci to compensate Dolly in around R$200,000. He is the owner of Raucci & Domingues Assessoria Contábil, which did the accounting for businessman Laerte Codonho's group. According to a plea bargain by his former partner, Esaú Vespúcio Domingues, after altering tax guides and labor sentences, Raucci used false documents to justify embezzlements applied to the manufacturer.
In the labor action against Dolly, he alleges ties as an employee and requests the payment of severance pay and other contractual payments. But his request was not accepted by judge Claudia Tejeda Costa, who disqualified the existence of employment relationships because the accounting services were provided by Raucci's company. Due to the request for free justice made in the same action, the judge convicted the author of litigation in Chinese Malaysia Phone Number List bad faith. "Pursuant to article 793-B, I, II and V of the CLT, considering the request for free proceedings formulated by the author and the overwhelming evidence of financial situation, I condemn the complainant to pay a fine for litigation in bad faith in the amount of 5% of the corrected value of the case (article 793-C of the CLT)", says the sentence.
According to the rapporteur, despite recent legislative changes that strengthened arbitration procedures — such as Law 13,129/2015 — the arbitrator was not invested with direct coercive power, so that, unlike the judge, he cannot impose restrictions on the assets of the debtor against his will. In this case, the minister highlighted that granting the attachment does not imply the effective seizure of the assets, but “the mere affectation of the litigious right”, in order to enable the future expropriation of the assets that may eventually be attributed to the defendant in the arbitration, in addition to create a preference for the creditor.They operate according to the actions or omissions of their partners, administrators, employees and service providers. If an administrator, in particular, finds himself in a situation in which his commissive or omissive attitudes can effectively result in significant risks for the company, why can or should the administrator remain? Nothing changes if the administrator is a woman administrator, by the way, as the duties do not discriminate against gender.
In the labor action against Dolly, he alleges ties as an employee and requests the payment of severance pay and other contractual payments. But his request was not accepted by judge Claudia Tejeda Costa, who disqualified the existence of employment relationships because the accounting services were provided by Raucci's company. Due to the request for free justice made in the same action, the judge convicted the author of litigation in Chinese Malaysia Phone Number List bad faith. "Pursuant to article 793-B, I, II and V of the CLT, considering the request for free proceedings formulated by the author and the overwhelming evidence of financial situation, I condemn the complainant to pay a fine for litigation in bad faith in the amount of 5% of the corrected value of the case (article 793-C of the CLT)", says the sentence.
According to the rapporteur, despite recent legislative changes that strengthened arbitration procedures — such as Law 13,129/2015 — the arbitrator was not invested with direct coercive power, so that, unlike the judge, he cannot impose restrictions on the assets of the debtor against his will. In this case, the minister highlighted that granting the attachment does not imply the effective seizure of the assets, but “the mere affectation of the litigious right”, in order to enable the future expropriation of the assets that may eventually be attributed to the defendant in the arbitration, in addition to create a preference for the creditor.They operate according to the actions or omissions of their partners, administrators, employees and service providers. If an administrator, in particular, finds himself in a situation in which his commissive or omissive attitudes can effectively result in significant risks for the company, why can or should the administrator remain? Nothing changes if the administrator is a woman administrator, by the way, as the duties do not discriminate against gender.