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Former Employee Convicted for Bad Faith After Expert Report Proves Forgery of Medical Certificate and Loses Right to Free Legal Aid

Written by Fabio Lucas Carvalho

Published on 30/10/2025 at 14:07

Updated on 30/10/2025 at 14:08

Legislation and Law

Perícia do TRT confirma falsificação de atestado médico por ex-funcionário, que perde justiça gratuita e é condenado por má-fé

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Forensic Expertise Confirmed That The Former Employee Had Falsified A Medical Certificate And Signed Documents That He Himself Denied Recognizing, Leading TRT-MG To Deny Free Justice And Confirm The Fine For Bad Faith

The Second Panel of the Regional Labor Court of Minas Gerais (TRT-MG) upheld the decision of the 10th Labor Court of Belo Horizonte and denied the request for free justice to a former restaurant employee in the capital, condemned for bad faith litigation.

The panel understood that the benefit can only be granted to those who fulfill the ethical duty of procedural loyalty.

The process began after the waiter, dismissed for just cause, filed a labor lawsuit seeking the reversal of the penalty.

ARTICLE CONTINUES BELOW

Expertise Confirms Falsification And Bad Faith

The restaurant presented evidence that the employee had already been punished with warnings and suspensions, duly signed by him.

The plaintiff denied the signatures, leading the judge to order a forensic handwriting examination.

The report confirmed that the documents were authentic and revealed that the medical certificate presented by the worker had been forged.

In light of the evidence, the appellate judge concluded that the plaintiff acted with intent to alter the truth of the facts. For her, the behavior demonstrated procedural disloyalty, which makes the granting of free justice incompatible.

Fine And Unanimous Conviction

Based on articles 793-A and 793-B, sections II and VI, of the Consolidation of Labor Laws (CLT), the former employee was condemned to pay a fine equivalent to 5% of the value of the case, totaling R$ 3,132.04. In addition, he was required to pay R$ 1,000 to the expert responsible for the forensic handwriting examination.

The vote of the reporting judge was accompanied by all members of the Second Panel, who emphasized that the right to free justice presupposes compliance with the duty of procedural loyalty. The decision was unanimous.

Former Employee Convicted for Bad Faith After Expert Report Proves Forgery of Medical Certificate and Loses Right to Free Legal Aid

Forensic Expertise Confirmed That The Former Employee Had Falsified A Medical Certificate And Signed Documents That He Himself Denied Recognizing, Leading TRT-MG To Deny Free Justice And Confirm The Fine For Bad Faith

Expertise Confirms Falsification And Bad Faith

Fine And Unanimous Conviction

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Former Employee Convicted for Bad Faith After Expert Report Proves Forgery of Medical Certificate and Loses Right to Free Legal Aid

Forensic Expertise Confirmed That The Former Employee Had Falsified A Medical Certificate And Signed Documents That He Himself Denied Recognizing, Leading TRT-MG To Deny Free Justice And Confirm The Fine For Bad Faith

Expertise Confirms Falsification And Bad Faith

Fine And Unanimous Conviction

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