Gratuidade judiciária não isenta de depósito recursal
A assistência judiciária gratuita limita-se às despesas processuais, e não alcança o depósito recursal, que serve de garantia à execução. Com base nesse fundamento, o Tribunal Superior do Trabalho decretou a deserção do recurso de um empresário que deixou de depositar R$ 1,5 mil relativos a uma condenação que sofrera na primeira instância. A decisão é da 1ª Turma.
O caso teve início quando um trabalhador pediu indenização de cem salários mínimos por ter se sentido ofendido pelo antigo empregador. Ele disse que atuava em um novo serviço, o açougue de um supermercado, quando o ex-chefe o tratou com palavras de baixo calão, em represália a uma ação trabalhista que ajuizara. O autor do pedido disse que a ocorrência lhe causou dano moral, por ter ocorrido no centro de Imbituba (SC), “cidade do interior com tradições e costumes conservadores, onde o menor fato toma proporções drásticas na vida cotidiana dos envolvidos”.
Na primeira instância, o empregador foi condenado a pagar indenização de R$ 1,5 mil. Ele então recorreu ao Tribunal Regional do Trabalho da 12ª Região, que lhe concedeu o benefício da Justiça gratuita e julgou improcedente o pedido. De acordo com o TRT, diante dos depoimentos das testemunhas, os fatos não apresentavam a “gravidade necessária para gerar qualquer prejuízo passível de reparação".
Mas o trabalhador entrou com recurso de revista no TST, com...
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