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The President of the Federal Supreme Court (STF), Minister Dias Toffoli, suspended the effects of the judgment of the Superior Court of Labor (TST), which sentenced at the end of June Petrobras trade union action of its history.
The decision was held at the request of the state defense. On Tuesday 24th, the company's lawyers appealed to the Supreme Court to suspend the effects of the TST decision until the appeals were exhausted. The suspension of Toffoli on Friday is valid until the Supreme Court deliberates on the matter or until Minister Alexander de Moraes, who is the rapporteur of the case, manifests himself differently. .
Opened by the workers, the process provided for the recalculation of a 2007 collective agreement that provided a salary supplement, such as night work
Extras were paid but Thousands of employees want another account that roughly doubles the extras.
By the determination of TST, the state company will have to pay R $ 17 billion to 51 thousand employees and former employees in 47 collective actions and more than 7,000 individual shares.
In an appeal filed with the Supreme Court on Tuesday, 24, state lawyers say that the payment of the amount charged will jeopardize the financial health of the state. company,
In his decision, Toffoli states that "even though the above-mentioned judgment has not yet been published, the thesis presented at this trial has already begun to be applied, which is must be hindered."
According to the Minister, "the economic effects that the implementation of this decision could cause to the coffers" of Petrobrás are notorious. "To justify waiting for the decision of this Supreme Court on this case, before proceeding to the liquidation of the judgment rendered by the TST."
"I think of the exceptional circumstance of admitting the establishment of the jurisdiction of the Court in this matter, because the TST has determined the adoption of measures of execution of the judgments whose judgment was not even published and also, without even waiting for the time for filing other appeals, in the face of this decision.The acting President of the Court also determined the "stay" before the courts and judgments in which the individual and collective actions being debated, whatever the phase of his trial, are pending until the final decision of the Supreme Court, or
Extraordinary Remedies
In the order, the Minister notes that the CLT determines that, in the event of a constitutional question in
"And in this case, the certificate of the judgment expressly refers to the standard of Article 7, alin XXVI, of the Federal Constitution, to indicate that there was no violation of his command, a fact which, coupled with the small majority formed at the time of trial, makes it quite and it is likely that there is, in fact, a constitutional issue in dispute, to give rise to any possible extraordinary remedy before the judgment to be issued, "he writes
judgment
The plenary session of the TST gave the workers reason with a tight score: 13 votes in favor of the tankers and 12 ministers in favor of Petrobras. The decision came only with the Minerva vote of the President of the Court, Minister João Batista Brito Pereira.
With Pereira, the court agreed with the workers to request a new method of calculating the benefits provided for in a collective agreement signed in 2007. The change is expected to have an impact of R $ 15 billion on previous payments and would add another 2 billion reais per year of Petrobras.
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