Questão jurídica principal
Whether the Federal Supreme Court could order the labor court to decide immediately on joinder and find a denial of justice or unjustified delay.
Decisão extraída
The complaint failed because the labor court had already decided on joinder, at the latest by the hearing of 28 October 2010; any delay had therefore ended.
Fundamentação extraída
A remedy under Art. 94 and 100(7) LTF presupposes that the lower authority has failed to decide or has delayed unreasonably. Since a decision had already been made, the complaint was devoid of purpose. Alleged procedural defects in the refusal to join, notification, or lack of reasons had to be challenged through ordinary procedural remedies, not via a denial-of-justice complaint.