TRT derruba cobrança obrigatória do imposto sindical

TRT derruba cobrança obrigatória do imposto sindical

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As muitas controvérsias que vêm surgindo com aplicação da reforma trabalhista, em vigor desde 11 de novembro do ano passado, têm levado juízes de segunda instância a cassar decisões confirmadas na Justiça Trabalhista de primeira instância em todo o país. Exemplo disso aconteceu na última quinta-feira, quando os desembargadores do Tribunal Regional do Trabalho da Terceira Região (TRT-3), em Minas Gerais, suspenderam a obrigatoriedade do Grupo Bauminas Mineração de descontar dos funcionários um dia de trabalho em março a título de contribuição sindical.

Conforme matéria publicada pelo Hoje em Dia no último sábado, vários sindicatos têm recorrido à Justiça para manter a contribuição nos contracheques dos trabalhadores. O Sindicato dos Professores do Estado de Minas Gerais (Sinpro-MG) decidiu também em assembleias manter a cobrança da contribuição sindical em 2018, contrariando o que estabelece a legislação atual. Os estabelecimentos de ensino privados receberam notificações extrajudiciais.

Decisão

Os desembargadores do TRT-3 julgaram procedente mandado de segurança, com pedido liminar de urgência, impetrado pela advogada trabalhista Cláudia Securato, do Escritório Securato Abdul Ahad Advogados, contra decisão do juiz Luiz Olympio Brandão Vidal, da Vara do Trabalho de Cataguazes (MG), que havia declarado inconstitucional a facultatividade da contribuição sindical.

A sentença do juiz na primeira instância atendeu a pleito do Sindicato dos Trabalhadores nas Indústrias de Prospecção, Pesquisas, Extração e Beneficiamento de Minérios e Metais Básicos Metálicos e não Metálicos, obrigando o Grupo Bauminas a recolher e repassar a contribuição ao sindicato sem a prévia autorização dos funcionários, como determina a reforma trabalhista.

Violação

Os desembargadores do TRT-3 entenderam que a decisão do juiz na primeira instância “mostrou-se como clara violação ao direito líquido e certo da Empresa”, visto que, contrariamente ao que fora fundamentado pelo Magistrado, não há qualquer impedimento jurídico referente à aplicação da Lei 13.467/2017 no que diz respeito à necessidade de autorização prévia e expressa do empregado para a efetivação dos descontos relativos à contribuição sindical em seus holerites.

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Os juízes do TRT-3 também fundamentaram a decisão na segunda instância, em favor do Grupo Bauminas, com que diz o artigo 97, I do Código Nacional Tributário (CNT), segundo o qual somente a Lei pode instituir ou extinguir tributos. Sendo assim, de acordo com o TRT-3, a Lei Ordinária que aprovou a reforma trabalhista é o meio próprio para a referida extinção, não havendo o que se falar em necessidade de Lei Complementar para esse fim.

Precedente

Cláudia entende que a decisão do TRT-3 abre um grande precedente para que outra empresas recorram também de decisões tomadas pelas varas inferiores no âmbito do direito trabalhista. De acordo com ela, março tem sido “o olho do furacão” para os profissionais da área trabalhista por causa do imposto sindical.

Ela recomenda às empresas a criarem formulários para os funcionários preencherem dizendo se querem ou não fazer a contribuição.

“É bom que as empresas guardem os formulários preenchidos porque no fim quem paga as contas são as empresas”, disse Cláudia, acrescentando que no caso da Bauminas a empresa resolveu recorrer à Justiça contra o Sindicato dos Mineradores.

Fonte: Hoje em Dia
Data: 27 de março de 2018
Acesso: 29 de março de 2018

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