Questão jurídica principal
Whether withdrawal of the civil claim constituted a waiver of wage or compensation claims under Art. 30(1)(b) AVIG after statutory subrogation to the unemployment fund.
Decisão extraída
No. Once the wage claims passed to the unemployment fund by statutory subrogation, the insured no longer owned the claims and could not waive them to the detriment of unemployment insurance.
Fundamentação extraída
Payment under Art. 29 AVIG triggered an automatic transfer of the insured's claims to the fund. The insured's later withdrawal of the lawsuit could not affect claims already belonging to the fund; any remaining disputed residual claim, if any, could be pursued or abandoned by the insured without an unemployment-law sanction.