CNJ releases deposit exchange for guarantee insurance.

The National Council of Justice (CNJ) granted an injunction to suspend the validity of a provision of the Superior Labor Court (TST) that makes it difficult to use guarantee insurance or surety in legal proceedings.

The decision was made at the request of the National Union of Telephone and Mobile Cellular and Personal Service Companies (Sinditelebrasil).

The entity alleges, in the request, damage to the sector with the maintenance of devices of the Joint Act TST / CSJT / CGJT No. 1, of 2019. According to her, the standard makes it difficult to replace appeal deposits, which are more expensive for employers.

The resources, he adds, are essential for participating in the 5G auction. The injunction was granted in an administrative control procedure.

(n ° 0009820-09.2019.2.00.0000).

The provisions establish conditions for using guarantee insurance, such as the need to be presented before depositing or pledging securities. In addition, it prevents the replacement of the deposit that has already been made by the guarantee insurance.

There is a divergence between the TST classes. The 2nd Panel, for example, does not accept the replacement of the judicial deposit because the guarantee insurance has an effective term.

Source: Valor Econômico newspaper 02/04/2020