The 4th Chamber of the Regional Labor Court (TRT) of the 2nd Region overturned a sentence and authorized the sending of letters so that online betting sites inform about any credits of the defendants and do not pay them in case of labor debt. Judge-rapporteur Paulo Sérgio Jakutis pointed out that free access to the Judiciary, provided for in the Federal Constitution, "is not limited to the right to file a lawsuit, but to obtain effective judicial relief".
In the decision, the judge considered the responsibilities in the search for the necessary means to satisfy the labor credit. He said that it is up to the party to diligently promote the acts for the progress of the case and "it is up to the judge to conduct the process, providing, in a swift manner, the effectiveness of the judicial provision already confirmed by res judicata".
For the magistrate, requiring the creditor to prove a change in the financial situation of the defendants in order to show signs that there could be credits on betting sites "would demand what is called in jurisprudence 'diabolical proof' or impossible". He concluded by saying that the Labor Court is better prepared to obtain the necessary response for the continuation of the execution.
Finally, the judge highlighted that bets were regulated through Law 14.790/2023 precisely as a policy to combat money laundering and concealment of values. And he ordered that "the notified company, as a third debtor of the defendant, is summoned not to make the payment to the defendant", if there are values and assets of the defendant party under its custody.
Source: GMB
