Raquel Dodge examines the unconstitutionality of two points of labor reform | Politics

One of Raquel Dodge's devices is what allows pregnant women and infants to work in unhealthy places. The other point attempts to break the stalemate around the monetary correction index used as a benchmark for the remuneration of labor claims and court filings.

It is not known when the two actions will be judged in plenary session of the highest court of the country. The Supreme returns from recess only in February.

Actions in declaratory constitutionality requesting the maintenance of the reference rate (TR) as an official index for the correction of the amounts resulting from convictions of work and the filing of the appeal filed with the STF in September.

The entities at the origin of these proceedings allege that the Labor Court has ruled in several decisions that the RT is unconstitutional as a reference for the monetary correction of labor lawsuits and has defined IPCA-E index (extended index of consumer prices) updated to the understanding of the Superior Court of Labor (TST).

Responsible for the defense of the federal government, the Federal Attorney General's Office (AGU) had already explained during the proceedings, after being notified to send an opinion, that it was constitutional of use TR to correct labor debts.

The union's lawyers observed in the case that the Supreme Court ruled unconstitutional the use of TR as an index of monetary correction in legal relations involving the Treasury, rather than claims for from private contracts.

In addressing this case, Raquel Dodge again defended the use of the IPCA-E with a correction index because it "correctly reflected the inflationary variation".

"The right to an adequate update of the amounts of the labor claims is unquestionable," said the head of the Attorney General's office in the notice sent to the Supreme Court.

In another notice, Raquel Dodge was opposed to the recent authorization of labor law allowing pregnant or nursing workers to engage in unhealthy activities. The device approved in the labor reform is challenged in the STF by a direct action of unconstitutionality.

The standard states that pregnant and lactating women may engage in activities considered unhealthy to a moderate or minimum degree, except when they present a medical certificate issued by the woman's trusted doctor recommending their withdrawal during pregnancy and badfeeding.

Expressing on this point of the labor reform approved under the Michel Temer government, AGU argued that this rule was intended to avoid discrimination against women in the context of labor relations that take place in unhealthy places. Also according to the general law of the Union, there would be no harm to the woman who sought the doctor to obtain the certificate.