Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A dismissed worker lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Labour Chamber judgment upholding the dismissal of his claim against the employer, without a ruling on the merits, because his initial pleading was defective. The Court allowed the appeal, holding that the irregularity could be remedied and that labour proceedings require substantive justice to prevail over form, and found breaches of legality, effective judicial protection, fair trial and job security.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.