In summons by mail, the period for contesting begins with the attachment of t...

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Under the terms of the Code of Civil Procedure, the defendant has days to file a response, by petition, the initial period of which will be the date on which the acknowledgment of receipt is added to the file, when the summons or subpoena is made by mail. Failure to comply with these rules will result in the nullity of the procedural acts. Element Digital/Pexels Deadline after service by mail only begins with return of acknowledgment of receipt Element Digital/Pexels With this understanding, the nd Panel of the Regional Labor Court of the th Region (Federal District and Tocantins) granted the ordinary appeal filed by a company that was declared in default because it filed a response more than days after the notification, but before the return of the acknowledgment of receipt by post. Because of this, the first degree court imposed a penalty of confession and ordered the statement and documents removed from the case file. The defense, made by lawyer Rodrigo Portolan , from the firm Leonardo Ranña e Advogados Associados , appealed, claiming nullity. He also highlighted that the quote occurred during the pandemic, and that the company is located in a shopping center, closed due to sanitary restrictions.

The notification was made on June , The Greece Phone Number objection, in turn, was presented on July However, the acknowledgment of receipt of the notification addressed to the company, with a copy of the AR tracking issued by Correios, was added to the file only on September th. When analyzing the case, judge João Luís Rocha Sampaio understood that the decision violated the CPC rules. The article establishes that the defendant may offer a response within days, with the initial term provided for in article , according to the form of summons. Article , in its section I, indicates that the deadline runs from the date the acknowledgment of receipt is added to the file, when the summons or subpoena is sent by post. Given this context, the presentation of the defense and documents was timely, the judge understood. "Although the defendant is considered in default, under the terms of article of the CPC, he could intervene in the process, and it is lawful to produce evidence, countering the author's allegations, as long as he does so in the pre-trial phase, as was the case", he added, highlighting the restriction of defense.However, this should not be a reason for the dissemination of morally and legally prohibited practices and conduct.



Technically, moral harassment is even classified as (i) vertically descending (from superior to inferior); (ii) vertical ascending (from one, or more, hierarchical inferiors to the superior); and (iii) horizontal (between workers at the same hierarchical level). It is worth noting that, for moral harassment to occur, repeated conduct is necessary, never an isolated fact. There is a repetitive system, directed towards a person or a group of people and with the intention of demoralizing, destabilizing or even leading to a resignation or even causing a dismissal for just cause. With regard to harassment resulting from the collection of targets, it is necessary to understand that companies can and should demand such targets from their employees, but as long as they do so in a respectful manner, observing the dignity of the worker, otherwise harassment will result. . The goal is to exercise the employer's directive power with a view to generating profit. However, it is essential that it does not impose suffering or mistreatment on the worker, as occurs with unattainable goals, under penalty of being considered illegal.