Worker Represents Himself and Tribunal Upholds Employment Link Unanimously

Overview

• On August 17 the construction worker Edilson Takahara used jus postulandi to deliver his own 10-minute oral argument at the TRT-11 and the panel voted unanimously to keep the lower-court finding that he was an employee.
• Takahara told judges he worked on a 15-floor building on balancins and by rope access under daily direction from an engineer and a foreman, arguing those facts showed subordination inconsistent with autonomy.
• Relator Sandro Nahmias Melo and other magistrates publicly praised the clarity of his speech, with the relator saying his logic outshone many lawyer presentations.
• The court rejected both the company’s appeal and Takahara’s adhesive requests for a 50% multa under article 467 of the CLT and for a finding of litigância de má-fé, while noting limits on the amounts at issue.
• The case spotlights jus postulandi as a rare practical route for workers to present evidence themselves in labor courts and shows that proof issues such as WhatsApp notifications can shape disputes over employment status and rights like FGTS, paid leave and severance.