Commentary on Order No. 8916 of 2024: Lis Pendens in Dismissal Proceedings
The recent Order No. 8916 of April 4, 2024, issued by the Court of Cassation, has provided an important clarification regarding the configurability of lis pendens in dismissal proceedings. In an ever-evolving legal landscape, it is crucial to understand how the Court interprets legislation and case law concerning employees and employers.
Context of the Ruling
The central issue of the order concerns lis pendens, which is the situation where two pending lawsuits involve the same parties and the same cause of action. The Court has established that, despite the diversity of the claims arising from the same party acting as both plaintiff and defendant in the two lawsuits, lis pendens is nevertheless established. This aspect is of particular relevance in the field of labor law, where role reversals between employees and employers frequently occur.
Configurability - Elements - Diversity of claims arising from the same party acting as plaintiff and defendant in the two lawsuits - Irrelevance - Case concerning dismissal proceedings. Lis pendens is established when there is identity of parties and "cause of action," without the diversity of "claims" being relevant in itself, as they are correspondingly opposed as a necessary consequence of the role reversal assumed in the different proceedings by the same party, in one acting as plaintiff and in the other as defendant. (In this case, the Supreme Court confirmed lis pendens between two proceedings, both concerning the lawfulness of the dismissal issued to the employee and the quantity of hours worked, in the first of which the plaintiff was the employer company, while in the second it was the dismissed employee).
Implications of the Ruling
The implications of this order are manifold. Firstly, it offers clear guidance on how courts should handle cases of lis pendens, especially in an employment context. It is essential for lawyers and legal professionals to understand that the role of plaintiff or defendant does not affect the configurability of lis pendens, but rather they must focus on the identity of the cause of action.
- Recognition of lis pendens even in cases of role reversal.
- Clarity on how courts should handle matters of jurisdiction.
- Practical implications for employees and companies in the event of litigation.
Conclusions
In conclusion, Order No. 8916 of 2024 represents a significant step in defining the procedural dynamics related to dismissal proceedings. The Court of Cassation has highlighted the importance of considering not only the roles assumed by the parties involved but also the substance of the case, without being influenced by the diversity of claims. This approach simplifies the management of labor disputes and provides a solid basis for future decisions, contributing to greater legal certainty in the labor sector.
