Order No. 15993 of 2024: Nullity of the Judgment for Failure to File Electronically

Recently, the Court of Cassation, with order No. 15993 dated 07/06/2024, addressed a crucial issue in the field of labor law: the validity of judgments in relation to the method of filing the ruling. This ruling fits into the context of emergency provisions introduced by anti-Covid legislation, particularly Article 83 of Decree Law No. 18 of 2020.

The Regulatory Context

Decree Law No. 18 of 2020, converted into Law No. 27 of 2020, introduced extraordinary measures to ensure the continuity of justice during the pandemic. In particular, Article 83, paragraph 7, letter h) provides that, in labor proceedings, the public hearing may be replaced by a written discussion. However, this has led to new interpretations regarding the importance of the electronic filing of the ruling.

The Principle of Nullity of the Judgment

In general. In labor proceedings, if the public hearing for discussion is replaced by written discussion pursuant to Article 83, paragraph 7, letter h), Decree Law No. 18 of 2020, converted into Law No. 27 of 2020, the failure to file the ruling electronically on the day of the hearing amounts to its non-reading, which therefore results in the nullity of the judgment. (In applying the principle, the Supreme Court declared the nullity of the judgment of appeal filed on a date subsequent to that on which the decision was made, not recorded in a ruling filed with the court, not even electronically).

This maxim clarifies that if the electronic filing of the ruling is not carried out on the day of the hearing, nullity of the judgment is established. This principle is based on the need to ensure the right of defense and the proper information of the parties involved. The Court emphasized that the failure to read the ruling, in the absence of filing, jeopardizes the entire process, making it vulnerable to challenges regarding its validity.

Practical Implications of the Judgment

  • Strengthening of the principle of transparency and procedural correctness.
  • Need for lawyers and parties to pay attention to filing deadlines.
  • Possible increase in disputes related to the validity of judgments in cases of failure to file.

The consequences of this order are significant. Legal practitioners must be extremely attentive to the timing and method of filing documents, especially during a period when procedural rules have been modified to address exceptional situations.

Conclusions

In conclusion, order No. 15993 of 2024 represents an important guide for legal practice in the labor sector. It emphasizes the necessity of adhering to the procedural methods prescribed by law, highlighting how any omission can lead to serious consequences, such as the nullity of the judgment. For legal professionals, it is essential to maintain a high level of attention and precision in procedures to ensure a fair trial and the protection of the rights of their clients.

Bianucci Law Firm