The Ministry of Labor, which is waiting for authorization to award public contracts, has been extinguished. The loss of status of the organ was defined on 1 January 2006 in Provisional Measure (MP) No. 870, signed by President Jair Bolsonaro with the Minister of the Civil Family, Onyx Lorenzoni. However, in response to the MP, the National Federation of Lawyers (Fenadv) filed a lawsuit with the Federal Supreme Court (STF) last Wednesday, April 2.
The federation questions, in the STF, the extinction of the Ministry of Labor. who had his skills integrated into other files. According to the MP, the Ministry of Justice and Public Security will be responsible for the responsibilities of the Ministry of Labor, the General Coordination of Immigration, the General Coordination of the Registration of Trade Unions and the National Council of Immigration
. the Ministry of Economy will be responsible for other administrative units and collegiate bodies. In this case, the portfolio will now be responsible for labor inspection, including port work, enforcement of penalties provided by legal or collective standards, occupational safety and health and professional regulation. Fenadv questions the end of the Ministry of Labor in the government of Bolsonaro (Photo: Rosinei Coutinho – SCO / STF)
For Fenadv, the MP fragment and reduce the importance and effectiveness of the country's inspector and mediator functions in the capital-labor dispute. In addition, the federation baderts that the action unduly transforms and reorganizes activities that belonged for 88 years to a specialized Ministry of Labor.
According to the National Federation of Lawyers, by subordinating intermediary bodies, which were part of the Ministry of Labor, the portfolio which will be responsible for the economy, the provisional measure places these divisions "in serious conflicts of interest, because it has unbalanced the struggle against capital and diverted the fundamental precept which has exactly the opposite, namely: human labor as the foundation of the economic order. "
The action instituted by the l & # 39; Entity must be tried by the Supreme Court, after the suspension of the hearing, as of 1 February. The preliminary badysis will take place on the part of the President of the Supreme Court, of Minister Dias Toffoli during the suspension of the hearing.
Entities unite to defend the competition of the Ministry of Labor
According to the president of the National Union of Taxation Supervisors of Labor (Sinai), Carlos Silva, controls were carried out in the purpose of retaining, in a single body, all the powers of the labor inspectorate. "We look forward to new publications and the government's position on labor inspection," he said.
According to trade unionists, the labor inspectorate is affected by the shortage of servers. Today, more than 2,800 professionals are needed. The union president also said that the entity intended to meet the government . "The signaling of the agenda is part of the intense dialogue work conducted by the leaders in the last weeks of 2018."
National Federation of Trade Unions of Health, Labor, Social Security and Social Assistance Workers (Fenasps) Labor Employees The entity advises members of the Ministry extinguished to accept no form of pressure to obtain the compulsory transfer of work without legal formalities.
"It is imperative that, when there is closure of units or"
The work has already manifested against extinction
In a note published on November 30, the Ministry of Work is voiced against extinguishment According to the text, the current Minister of Labor, Caio Vieira de Mello, approved the opinion of the Attorney General's Office (AGU) on the constitutional attributions of the Ministry of Labor, which celebrated its 88th anniversary on November 26th.
In the opinion drafted by the union's lawyer and legal counsel of the Ministry of Labor, Francisco Moacir Barros, the attributions of the portfolio are mostly mentioned in the balance of labor relations and in the promotion of public policies for the development of the country.
The document lists the duties of the binder and articles of the Constitution that are contradicted, with the extinction of the body. According to him, the end of the ministry hampers the execution of actions generating employment and income, contrary to Article 37 of the Constitution. Similarly, a possible dismantling of the Ministry of Labor constitutes a violation of Article 10 of the Constitution which provides for the participation of workers and employers in the colleges of public bodies in which the dissolution of their functions in various portfolios, without the adoption of democratic compensation measures, would remove one of the stages of dialogue between workers, employers and the regulatory state, which is essential for
Before being extinct, FOLHA DIRIGIDA contacted specialists to find out how the offers of the Ministry of Labor would, with the end of the record In an interview granted in November, the lawyer Bruno Tocantins noted that will depend on the "
" I think that as long as the guidelines on labor, such as compliance with labor legislation and practices in the employability it will be respected, there will be no impact or loss "
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