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The Minister of the Federal Supreme Court, Minister Dias Toffoli, denied Wednesday (9/1) the action in violation of the fundamental precept of the National Federation of Lawyers (Fenadv), which had called for the suspension from the Ministry of Justice. Toffoli denied the action "because of the active illegitimacy of the plaintiff"
In the decision, Toffoli denied any action to be taken "on the basis of the provisional measure 870 , signed by President Jair Bolsonaro on January 2, 2019.
" The author is considered a level 2 union entity, constituting a federation Union, which can be observed not only by its nomenclature, but also by its own status., however, does not devote to this kind of entity the legitimacy for filing the FPAD, "said the minister.
According to Toffoli, "in the field of trade union organizations, only trade union confederations are legitimized to carry out concentrated control actions." Trade unions and federations, even if they have a national scope, are not part of the role of legitimates . "
Another case [
The Federation called in its motion "union of superior organization", founded on March 11, 1989, and was therefore entitled to form a constitutional complaint. 19659008] As part of the appeal, the entity asked the STF to annul the article of interim measure 870 ending the briefcase. This was the first action on the subject that reached the Supreme Court. In the second trial, in a direct action of unconstitutionality, filed Tuesday (8/1), the PDT asks Minister Dias Toffoli to grant an injunction to suspend the validity of the deputy.
For the legend, the Ministry of Labor is a materially constitutional institution, whose institutionalization is an instrument of effectiveness of the Constitution itself.
Click here to read the decision.
ADPF 561
ADI 6.057
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