TST revokes illegal decision of the TRT in Rio Grande do Sul given in the nam...

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Labor The Public Ministry of Labor cannot impose, nor can the judge accept that companies are required to take unenforceable measures, as they are indeterminate, generic or contrary to the law. For example, forcing workers to distance themselves not provided for in the rules governing the state of calamity is unacceptable. Even more so under the threat of heavy fines that could make essential activities for the country unfeasible. TST TST annulled TRT- decision Disclosure/TST With this reasoning, the minister of the Superior Labor Court Douglas Alencar Rodrigues revoked the decision of the Regional Labor Court of the th Region that violated the principles of due legal process, broad defense, adversarial proceedings and natural justice. The company was defended by lawyers Francisco Caputo Bastos and Ricardo Gehling . The natural judge, from the nd Labor Court of Passo Fundo, had already discarded the more than requests made in the MPT's Public Civil Action. The agency resorted to three previous writs of mandamus to close the largest meat processing plant in the region.

As has happened in several Greece Phone Number Brazilian cities, in the interior of Rio Grande do Sul, the MPT saw the epidemic as a chance to reposition itself, seeking to assume the functions of the Legislative, Executive and Judiciary. In the case in question, the work auditors had already disregarded the need for a ban. The rules invoked by prosecutors are not provided for by law, as the TST minister demonstrated; and the TRT, in turn, used "issues arising from the filing of the writ of mandamus, with reference to subsequent legislation, which was not even included in the initial petition", as indicated by the TST. In this protagonism championship, the public agent, claiming to be concerned about the workers' health, forgot one detail: the existence of an outbreak of the disease was not pointed out to justify the company's closure.Therefore, the new rule does not apply to the specific case. This position was supported by ministers Gilmar Mendes, Ricardo Lewandowski and Nunes Marques. Minister Rosa Weber also dismissed the appeal, adopting the basis of the votes of the rapporteur and Minister Dias Toffoli.



For Minister Edson Fachin, the reinstatement of a public employee after retirement under the RGPS violates the principle of public competition. According to him, the change brought by EC , which establishes the termination of the employment relationship upon retirement resulting from a position, job or public function, makes reinstatement impossible without a new public examination. His vote to partially grant the appeal was followed by minister Cármen Lúcia and ministers Luís Roberto Barroso and Alexandre de Moraes. With information from the STF advisTherefore, past situations that occurred under the auspices of the rules in force at the time (as is customary) must be respected, due to the acquired right, the perfect legal act, the right to the non-retroactivity of the rules and the legal security of the relationships currently taking place. To clarify the issue, once again, let’s look in more detail: Monetary correction Monetary correction aims to replace the loss of purchasing power lost with inflation, returning to credit the freshness of the value at the time when the obligation expired and in which it was not paid. It's not a kind of penalty.