In a decision handed down by the Regional Labor Court of the 1st Region, it was recognized that the sale of a property by a partner of a company sued in a labor lawsuit does not constitute fraud if it occurred before the citation in the lawsuit.
In the case analyzed, attempts to locate assets owned by the company were unsuccessful, resulting in an incident of piercing the corporate veil to target the partner’s assets. However, the defendant partner’s assets were sold prior to her being summoned to be included as a defendant in the labor claim, even though the piercing of the company’s corporate veil had already been declared valid.
