The Regional Labor Court of the 10th Region (TRT-10) upheld the attachment of BRL 1 million from Itapemirim Transportes Aéreos Ltda (former América do Sul Táxi Aéreo Ltda) to pay the salaries of its employees for November 2021.
By denying the company's request for an injunction against the first degree decision that determined the constriction, the rapporteur of the case, Judge Pedro Foltran, stated that Itapemirim's defense was unable to prove the illegality of the questioned act.
The company filed a writ of mandamus, with a request for an injunction, against the first degree decision that determined online attachment in the amount of BRL 1 million, asking for the release of possible constrained amounts.
For the plaintiff, the questioned decision would be illegal because there is no evidence of wastage of assets or insolvency, as well as because the amounts already paid to workers would have been disregarded.
For Itapemirim, the granting of the preliminary injunction by the first degree magistrate in a lawsuit filed by the National Union of Aeronauts causes serious damage to the company, since, as is public knowledge, the maintenance of the determination of immediate payment greatly harms its business activities , as well as jeopardizing its restructuring plan.
It also maintains that the claim relating to the salaries of November 2021 does not remain, in view of the payment of these amounts by the company.
When analyzing the request for an injunction, the case's rapporteur stressed that the company did not prove, within the legal period, the payment of salaries for November 2021, nor did it attach proof of FGTS deposits of its employees represented by the plaintiff, the National Union of Aeronauts.
In addition, it revealed that the proposal for an agreement with Caixa Econômica Federal (CEF) for the purpose of installment payment of the FGTS debt only reaches the months of February and March 2021, with no proof of regular collection in the other months.
As for the amount subject to the attachment, the rapporteur stressed, only the amount recognized by the company as due as FGTS, in relation to the months of February and March/2021, plus a fine and monetary correction, reaches the amount of R$205.943,06 , which demonstrates the reasonableness of the amount blocked in court.
Thus, by maintaining the guardianship granted in the first degree, the rapporteur said he understood that, in a summary analysis, Itapemirim did not prove the illegality of the questioned decision.
Street: TRT-10
