The right to legal aid , although indicate a benefit to individuals, can also be achieved by any company able to prove financial hardship. Considering the scenario of economic slowdown, using this feature can grow.
The law makes no distinction between individuals or legal entities , “the holder of Benedict Jr. lawyers , Gilberto de Jesus da Rocha Bento Jr. For him , the right can be achieved since the company has accounting documents – such as balance sheets or balance sheets – demonstrating the lack of financial capacity.
Although it appeared that the accounting evidence is readily available , he says it’s where many corporations ( PJ ) stumble. For Benedict , generally lawyers end up not getting the gratuity because they do not come in contact with the company accountant or delve into the evidence.
He stresses that a millionaire billing, for example, does not imply that the company is in good financial standing . “Apart from the cost , sometimes the company does not keep any leftover . You need to explain it so that it can understand ,” he adds .
With the complicated economic scenario and more companies in the red, the lawyer said that could arise more opportunities to claim benefit . “Companies should explore this more ,” he says .
Benedict also emphasizes that produce evidence and make all the argument is a step beyond what the law requires . To get the benefit of legal gratuity, pursuant to Law 1,060 / 1950 would be enough to declare the situation of difficulty. ” Presumably poor, until proven otherwise , anyone who claims this condition under this law , under penalty of payment to the tenfold [ tenfold ] the legal costs ,” says Article 4 of the law.
The lawyer of the understanding, however, is in line with what established the Superior Court of Justice (STJ ) in 2012 , in Precedent No. 481. According to the document , ” is entitled to the benefit of legal aid to legal entities or non-profit to demonstrate their inability to bear the procedural costs . “
Benefit
Among the advantages obtained by the court who can gratuity, according to Benedict , is the rate charged at the time it filed the claim in the amount of 1 % of the cause. ” In two recent cases involving dispute of R $ 2 million and R $ 500 thousand, only the exemption of this fee resulted in discounts of R $ 20 thousand and $ 5 thousand,” he says.
Rates with bailiffs or experts – the latter may cost the company £ 2000 to £ 20,000 – are others that are within the scope of gratuity . The law also provides for exemption of appellate fees , among others. For Benedict , there is no excuse for not seeking the right . ” The lawyer insists a little , you can . “
Roberto Dumke