pena de caracterização

English translation: under penalty of serious breach (of law)

00:52 Nov 18, 2014
Portuguese to English translations [PRO]
Bus/Financial - Law: Contract(s)
Portuguese term or phrase: pena de caracterização
O EMPREGADO declara ter conhecimento do Regulamento da Empresa, comprometendo-se e obrigando-se, sob pena de caracterização de falta grave:

And here is a website that also mentions this pena several times:

http://www.jusbrasil.com.br/busca?q=PENA / CARACTERIZAÇÃO&c=
Wendy Gosselin
Argentina
Local time: 08:50
English translation:under penalty of serious breach (of law)
Explanation:
I would say

--------------------------------------------------
Note added at 13 mins (2014-11-18 01:06:37 GMT)
--------------------------------------------------

you could include "a" as in "a serious breach of law"
Selected response from:

David Hollywood
Local time: 08:50
Grading comment
Thanks Hollywood!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3under penalty of serious breach (of law)
David Hollywood
4 +2under penalty of being charged of...
Mario Freitas
4on pain of commiting a serious offense
Martin Riordan
3and, in default, will be classified as
Adrian MM. (X)


  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
under penalty of being charged of...


Explanation:
It's not a "pena de carcaterização". The expression is "sob pena" = "under penalty"

Mario Freitas
Brazil
Local time: 08:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 333

Peer comments on this answer (and responses from the answerer)
agree  Gilmar Fernandes
14 mins
  -> Valeu, muchacho!

agree  Donna Sandin: the "caracterizacao" here means literally: your situation will fit the description of someone who committed the offense of XXXX. One of the more tricky constructions found in Portuguese
13 hrs
  -> Indeed, characterization is 'fitting into' or 'being qualified as' here. Unfortunately the asker did not notice that. Thank you!
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11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
under penalty of serious breach (of law)


Explanation:
I would say

--------------------------------------------------
Note added at 13 mins (2014-11-18 01:06:37 GMT)
--------------------------------------------------

you could include "a" as in "a serious breach of law"

David Hollywood
Local time: 08:50
Native speaker of: English
PRO pts in category: 96
Grading comment
Thanks Hollywood!

Peer comments on this answer (and responses from the answerer)
agree  Gilmar Fernandes
14 mins
  -> thanks Gilmar :)

agree  Rodrigo Cayres
53 mins
  -> thanks Rodrigo :)

agree  Claudio Mazotti
7 hrs
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
on pain of commiting a serious offense


Explanation:
This is an expression from Brazilian labor law, as it deals with an employee. The term "falta grave" (serious offense) is given to employee conduct that justifies "dismissal with cause", which implies that the employee loses their right to some of the severance amounts that they would otherwise be entitled to: ex. payment of 30-90 days notice.

Martin Riordan
Brazil
Local time: 08:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 218
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21 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
sob pena de caracterização de
and, in default, will be classified as


Explanation:
... serious misconduct.

IATE's website:

Criminal law [Council] Full entry
PT

caracterização

EN

profiling


Adrian MM. (X)
Local time: 13:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 139
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