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Subsection II Specialized in Individual Disputes (SDI-) of the Superior Labor Court denied a request for Habeas Corpus against a decision that determined the seizure of the passports of businesspeople from Companhia Usina São João, in Santa Rita (PB). reproduction Reproduction Plant owners who failed to comply with agreements will have their passports confiscated According to the subsection, the order of retention of documents is reasonable and proportionate, based on repeated non-compliance with terms of commitment signed by the company. After all the executions related to various labor complaints were gathered at the Santa Rita Labor Court, Usina São João signed a term of commitment that provided for the minimum weekly deposit of R$ thousand in a specific account, under penalty, among other sanctions, the retention of passports and driver's licenses of the company's partners and directors. Once the agreement was broken, the company explained the difficulties and proposed two more new pacts, which were also broken later, which led the court to seize the passports. The Regional Labor Court of the th Region upheld the decision. In the Habeas Corpus filed with the TST, the businessmen claimed that the measure implied illegal coercion, as it removed their constitutional right to come and go, disproportionately and without justification.
After recognizing the Greece Phone Number appropriateness of habeas corpus to discuss the legality of the court order of passport retention, SDI- understood that, in this case, the retention of passports was duly substantiated and proved to be absolutely reasonable and proportionate, given the breaches of the commitments of payment signed by the plant. “In addition, the businesspeople themselves freely offered the court to hand over their documents, as a consequence of possible non-compliance”, noted the rapporteur, minister Delaíde Miranda Arantes. According to the minister, the seizure of assets, BacenJud and the partial spontaneous payment were not able to guarantee the total debt owed, which shows the need to adopt the atypical executive method and reinforces the conclusion that there was no arbitrariness on the part of the judge. of the process. The decision was unanimous. With information from the press office of the Superior Labor Court.There is a discussion about the existence of lobbying in the National Congress and non-compliance with ethical principles. Regarding the topic, one must take into account the harm caused by the acceptance of interference, the imposition of private interests and those contrary to the public interest, which contravenes constitutional principles, such as morality and administrative efficiency (article ).
This is compliance, imposing compliance with integrity, not only with regard to the attitudes of public agents or those who perform public functions, but also the obligation to respect laws, rules and procedures for decision-making. Still in Parliament, the speeches to convince workers and society about the "benefits" of the "Labor Reform" , basically meant that the "rigidity" of labor laws and the "archaic labor code" hindered growth and economic development of the country; that employers and employees were unable to negotiate terms and conditions of work, even if both wanted to; that the Labor Court exceeded its limits by failing to apply the law, "inventing interpretations" ; that the CLT brought high costs to companies and prevented the creation of jobs. The promises that the "Labor Reform" would bring about a boost to the job market did not materialize. Shortly after the new law came into effect, there were mass layoffs of workers to be hired as intermittent workers and the unemployment rate did not decrease significantly, since, even before the Covid- pandemic, which deepened the unemployment rate in the population, reached more than million people, with a record increase in the quarter ending in February [] .
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