Ao menos 30 decisões obrigam pagamento de contribuição sindical após a reforma

Ao menos 30 decisões obrigam pagamento de contribuição sindical após a reforma

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Entidades sindicais já conseguiram pelo menos 30 decisões judiciais obrigando que trabalhadores da categoria paguem contribuição sindical obrigatória, mesmo com regra contrária da reforma trabalhista (Lei 13.467/2017). Desde que a regra entrou em vigor, tornando a contribuição facultativa, a questão tem sido judicializada em todo o país.

Nos tribunais regionais do trabalho, as decisões garantindo a contribuição aos sindicatos se multiplicam, conforme levantamento elaborado pela Central dos Sindicatos Brasileiros (CSB).

Na sexta-feira (16/3), o TRT da 15ª Região (Campinas-SP) atendeu pedido do Sindicato dos Trabalhadores do Serviço Público Municipal de Campinas e determinou que o município recolha a contribuição.

De acordo com o juiz convocado Marcus Menezes Barberino Mendes, a mudança, “através de lei ordinária, abala a segurança jurídica e a confiança do cidadão na Constituição e no sistema de limitação tributária, afetando, também, a organização do sistema sindical, na medida em que cria empecilhos ao exercício da liberdade sindical, por fazer cessar abruptamente a sua principal fonte de custeio”.

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Outro membro da corte, o desembargador Luís Henrique Rafael, da Seção de Dissídios Coletivos, também já criticou a reforma em uma de suas decisões. Para ele, a nova lei “tem claro objetivo de desorganizar o sistema sindical vigente no Brasil”.

A CSB — entidade que reúne mais de 800 sindicatos — prevê ainda uma enxurrada de ações de cobrança que, segundo a central, pode entupir o Judiciário. Isso porque, com o direito reconhecido, haverá uma ação de cobrança contra cada empresa que deixar de pagar a contribuição. Nesse caso, a central acredita que, além da taxa, a empresa que vier a ser condenada tenha de pagar uma multa de dez vezes o valor que deveria ser recolhido.

Para a maioria das autoras, a norma é inconstitucional por alterar tributo. “Seguindo a linha de comando da Lei 13.467/17, podemos considerar que foi revogado o art. 3°, do CTN e que a partir de agora também temos a faculdade de pagar IPTU, IPVA, ICMS, INSS, ISS, IR, ISSQN, IPI, IOF, II, ITR, ITBI?”, comparou a Confederação Nacional dos Trabalhadores Metalúrgicos ao apresentar a ADI 5.892 no Supremo Tribunal Federal.

A corte já reúne 14 ações contra o fim da contribuição sindical — uma delas, inclusive, apresentada por uma entidade patronal.

Fonte: ConJur
Data: 19 de março 2018
Acesso: 23 de março 2018

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  105. Oh my goodness! Incredible article dude! Many thanks, However I am going through problems with your RSS. I don’t understand why I cannot subscribe to it. Is there anybody else having the same RSS issues? Anybody who knows the answer will you kindly respond? Thanks!!

  106. This design is steller! You certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!

  107. Hi, I do think this is an excellent web site. I stumbledupon it 😉 I am going to come back yet again since i have book marked it. Money and freedom is the greatest way to change, may you be rich and continue to guide other people.

  108. A fascinating discussion is worth comment. I do think that you ought to publish more about this subject, it might not be a taboo matter but typically people don’t speak about such topics. To the next! Kind regards!!

  109. Hey! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My site looks weird when viewing from my iphone 4. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any recommendations, please share. Appreciate it!

  110. May I simply say what a comfort to uncover someone who actually knows what they are talking about on the internet. You actually realize how to bring a problem to light and make it important. More and more people must look at this and understand this side of the story. I can’t believe you are not more popular since you certainly have the gift.

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