Post by xyz2900 on Feb 11, 2024 3:36:42 GMT -5
fter more than 220 unanimous victories before the Courts of São Paulo, without any defeat, the most awaited appeal judgment by the Federal Regional Court of the 3rd Region was issued on November 16th. This is the judgment of the appeals filed by Sesc, Senac and INSS against a sentence handed down in December 1999, which allowed the hitherto 15,712 companies represented by Fesesp — Federation of Services of the State of São Paulo, to stop collecting the contribution due to the Sesc and Senac (files 1999.61.00.000049-5). Right at the beginning of the questioning of service providers who wished to exempt themselves from contributions destined to Sesc with this entity, at the end of the 90s, there was a technical tie between the number of favorable and unfavorable sentences on one side and the other.
However, this situation changed over time. And this change was due to the new Civil Code, which brought into force the new concept of entrepreneur, and to the decisions of the Superior Court of Justice, mainly the paradigmatic ones of June and October 2002. The decision of October 23, 2002, handed Belize Email List down by the Superior Court of Justice, was the major driver of Sesc's legal victories. In this decision, the STJ proceeded to judge Special Appeal 431.347, in which a health home, Hospital São Francisco de Assis Ltda, in Santa Catarina, is a party. And, considering the relevance of the matter, the Court, in accordance with its Internal Regulations, opted for this Special Appeal to be judged, not by an isolated Panel, but by the 1st Section, which is made up of members of the 1st and 2nd Panels ( 10 Ministers).
Today, Sesc has approximately 50 favorable rulings, which boost our victories across the country, whether in the first or second instance, both in federal and state courts. These favorable rulings were handed down in cases originating in the following states: Amazonas; Minas Gerais, Pernambuco; Paraná; Rio Grande do Sul and Santa Catarina. In the existing universe of rulings, we found a group of service providers linked to the health, security and surveillance, engineering and architecture, law and consortium administration sectors. Since then, the number of Sesc victories, both in the first and second instances, has only grown, culminating in the great victory obtained on November 16th, within the scope of the Writ of Mandamus promoted by Fesesp. It took six years of waiting until Justice finally sided with Sesc, Senac and all employees of companies represented by this Federation.
However, this situation changed over time. And this change was due to the new Civil Code, which brought into force the new concept of entrepreneur, and to the decisions of the Superior Court of Justice, mainly the paradigmatic ones of June and October 2002. The decision of October 23, 2002, handed Belize Email List down by the Superior Court of Justice, was the major driver of Sesc's legal victories. In this decision, the STJ proceeded to judge Special Appeal 431.347, in which a health home, Hospital São Francisco de Assis Ltda, in Santa Catarina, is a party. And, considering the relevance of the matter, the Court, in accordance with its Internal Regulations, opted for this Special Appeal to be judged, not by an isolated Panel, but by the 1st Section, which is made up of members of the 1st and 2nd Panels ( 10 Ministers).
Today, Sesc has approximately 50 favorable rulings, which boost our victories across the country, whether in the first or second instance, both in federal and state courts. These favorable rulings were handed down in cases originating in the following states: Amazonas; Minas Gerais, Pernambuco; Paraná; Rio Grande do Sul and Santa Catarina. In the existing universe of rulings, we found a group of service providers linked to the health, security and surveillance, engineering and architecture, law and consortium administration sectors. Since then, the number of Sesc victories, both in the first and second instances, has only grown, culminating in the great victory obtained on November 16th, within the scope of the Writ of Mandamus promoted by Fesesp. It took six years of waiting until Justice finally sided with Sesc, Senac and all employees of companies represented by this Federation.