Acordão nº 20110822077 de Tribunal Regional do Trabalho - 2ª Região (São Paulo), 1 de Julio de 2011
Magistrado Responsável | OLIVÃ MALHADAS |
Data da Resolução | 1 de Julio de 2011 |
Emissor | Tribunal Regional do Trabalho - 2ª Região (São Paulo) |
Nº processo | 20110822077 |
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EMBARGANTE: NUTRIVITY SOLUÇÕES EM ALIMENTAÇÃO LTDA EMBARGADO: ACÓRDÃO No 20110447500
A ré opõe EMBARGOS DE DECLARAÇÃO alegando omissão no acórdão, pelas razões de fls. 171/173. É o relatório. VOTO 1. Tempestivos, ensejam conhecimento os embargos. 2. No mérito são rejeitados, ausente omissão. No item “2”, o acórdão foi claro ao confirmar as atribuições da autora como profissional “nutricionista”, dizendo, inclusive, sobre o piso salarial. A Turma decidiu da forma fundamentada, que é o quanto exige a Lei, não precisando manifestar-se sobre cada uma das alegações das partes ou sobre cada disposição legal, doutrinária ou de jurisprudência que, direta ou indiretamente, possa ter alguma relação com a matéria. Na verdade, a parte embargante sustenta erro no julgamento, pois acha que foram violados preceitos da Lei. O remédio a utilizar, em tal caso, não é o de embargos... 3. Ante o exposto ACORDAM os Magistrados da do em: CONHECER e REJEITAR os embargos, na forma da fundamentação, pois meramente protelatórios. Em razão disso, aplicar à embargante a multa de 1% sobre o valor da causa, em favor da parte contrária. Olivé Malhadas Juiz Relator
RC
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