TRT-RS regulates the holding of hearings via videoconference.

The Regional Labor Court of the 4th Region (TRT-RS) published, this Friday (22), Joint Ordinance No. 2,186/2020. The act regulates the holding of hearings by videoconference in the first instance during the period of remote work, instituted indefinitely due to the Covid-19 pandemic. The terms were previously presented to representative entities of lawyers, magistrates, servers and experts, as well as to the Labor Public Ministry (MPT).

According to the ordinance, hearings will be scheduled at the request of the parties, the Public Prosecutor's Office, or on the magistrate's own initiative. Single and evidentiary hearings will only be held with the agreement of all parties. If there is any disagreement, the case will await inclusion on the in-person agenda when normal activities resume.

Hearings will be held via the Google Meet application, which does not require the installation of any program; the Google Chrome browser should preferably be used. Access via smartphones and tablets can be done by installing the Google Meet application, available for Android on the Play Store and for iOS on the App Store. The Information Technology and Communications Department of the TRT-RS (Regional Labor Court of Rio Grande do Sul) has prepared a tutorial for lawyers, parties, and experts, with instructions on how to participate in videoconferences via Google Meet.

It will be the responsibility of the parties, lawyers, labor prosecutors, and witnesses to have the necessary technological infrastructure to participate in the videoconference. Individuals will be heard from their current location, even if outside the jurisdiction of the respective judicial unit. Considering the guidelines from health authorities, it is recommended that parties and witnesses preferably be heard from their residences.

If a party or their attorney is unable to participate in the teleconference hearing, this must be immediately communicated to the court by filing a petition in the case file with the appropriate justification and, if applicable, proof of the fact, and the judge will decide.

Witnesses will participate in the teleconference hearing regardless of notification or summons (articles 825 and 845 of the CLT), and it is the responsibility of the party or their attorney to send them the videoconference access link electronically (email, WhatsApp, or SMS). The non-participation of a witness invited by a party will only result in the postponement of the hearing if proof of the invitation is provided.

If any of the parties, lawyers, labor prosecutors and/or witnesses do not have access to the technological infrastructure, this fact must be communicated to the court as soon as possible, always before the date scheduled for the hearing. In this case, the magistrate may postpone the hearing, or, when the risk of Covid-19 contagion in the locality is classified as low in the mapping released by the Government of the State of Rio Grande do Sul (https://distanciamentocontrolado.rs.gov.br/), grant access to the respective judicial unit in order to enable the use of the technological infrastructure existing there. This activity will be supported by court staff.

Hearings should follow a procedure analogous to that of in-person hearings, taking into account the peculiarities of conducting them remotely, with the judge deciding on any incidents. The magistrate must define how the hearing will be conducted, with prior notice to the parties, considering the specificities of the case and the region. The procedure will ensure compliance with the principle of non-communication between witnesses and litigants, unless otherwise agreed between the parties and duly authorized by the court. If technical difficulties arise that prevent communication between the participants in the hearing, and the problem cannot be quickly resolved, the judge will decide on postponing the hearing.

Hearings in which testimonies are collected must be recorded and made available to participants on Google Drive. Except for cases that are under seal, interested parties may request access to the recording of the hearing by submitting a request to the respective Secretariat of the judicial unit.

Source: TRT4