Notícias do Sindicato

Do lado dos patrões, ministros do Supremo aprovam terceirização irrestrita

Por 7 a 4 ministros do STF votaram pela constitucionalidade da terceirização da atividade-fim das empresas. Sindicatos criticam decisão e dizem que STF não conhece a realidade da vida de um trabalhador

Vergonha. A maioria dos ministros do Supremo Tribunal Federal (STF) votou contra os trabalhadores do país ao aprovar, por 7 a 4 votos, a constitucionalidade da terceirização da atividade-fim das empresas. Entendemos que este é mais um erro dos ministros do STF que prejudica, mais uma vez, a classe trabalhadora brasileira. Sabemos que ao autorizar a terceirização indiscriminada, a Suprema Corte, que é a Casa revisora do Brasil, perdeu a oportunidade de rever um ato inconstitucional cometido pela Câmara dos Deputados, que trouxe insegurança jurídica e precarizou ainda mais as condições de trabalho no país.

O Supremo Tribunal Federal desrespeitou a Constituição ao liberar a terceirização na atividade-fim, dando mais uma prova de que vivemos em um Estado de Exceção, no qual os poderes da República estão sequestrados pelos interesses do grande capital. Na prática, a decisão demonstra que os ministros do STF não reconhecem a realidade da vida do trabalhador.

Os magistrados sequer leram os estudos feitos que demonstram como a terceirização prejudica o trabalho. A decisão não teve base técnica das leis. Foi um julgamento político. Evocar o número de desempregados para admitir a terceirização irrestrita é o cúmulo do absurdo. Os ministros não tem a mínima preocupação com o trabalhador.

A decisão do STF não põe fim à necessidade da atuação do Ministério Público do Trabalho (MPT) e dos sindicatos de combater os casos de terceirizações ilícitas.

O julgamento – O julgamento no STF foi feito a partir das ações ajuizadas por empresários do agronegócio e da indústria da celulose, que questionavam a Arguição de Descumprimento de Preceito Fundamental (ADPF) 324 e o Recurso Extraordinário (RE) 958.252 – que por sua vez, questionam a validade da Súmula 331 do Tribunal Superior do Trabalho (TST), de 2011.

A Súmula 331 proibia a terceirização das atividades-fim e estava sendo aplicada pela Justiça do Trabalho nos contratos que foram assinados e encerrados antes da Lei 13.429, sancionada em março de 2017, que liberou a terceirização para todas as atividades das empresas.

Votaram a favor dos patrões os ministros Luís Roberto Barroso e Luiz Fux, relatores da ação, Alexandre de Moraes, Dias Toffoli, Gilmar Mendes, Celso de Mello e a presidente da Corte Carmén Lúcia. Votaram contra a terceirização irrestrita Edson Fachin, Rosa Weber, Ricardo Lewandowski e Marco Aurélio Mello.

Revolução pelo voto – somente as próximas eleições, com trabalhadores e trabalhadoras votando em candidatos progressistas podem reverter esta situação. Entendemos que é preciso votar em pessoas que possam mudar a legislação. Trabalhadores não podem votar em patrões e empresários. Têm de votar em quem defende os direitos da população. A única revolução é a do voto.

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