Supreme Court Justice Cármen Lúcia overturns TST ruling on V.tal liability

Supreme Court Justice Cármen Lúcia has overturned a decision by the Superior Labor Court (TST) that held V.tal jointly responsible for the labor debts of Oi. The ruling, issued in Reclamação 101.536, requires the labor court to conduct a new trial.

The dispute centers on labor debts incurred prior to V.tal's acquisition of Oi's InfraCo isolated productive unit (UPI) during Oi's judicial recovery process. While the TST had previously recognized an economic group between the companies—citing shared leadership and social objectives—Justice Lúcia ruled that this contradicted the Supreme Court's precedent in ADI 3.934.

According to the decision, the judicial sale of the UPI was intended to transfer assets free of encumbrances, specifically excluding the succession of the debtor's obligations, including labor liabilities. Justice Lúcia emphasized the need for judicial uniformity, noting that previous STF precedents involving the same company and legal controversy supported the exclusion of such liability.