TST nega reajuste com base em Lei de Responsabilidade Fiscal

TST nega reajuste com base em Lei de Responsabilidade Fiscal

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A Seção Especializada em Dissídios Coletivos (SDC) do Tribunal Superior do Trabalho (TST) negou o pedido de reajuste salarial feito por servidores da Companhia Urbanizadora da Nova Capital do Brasil (Novacap), do Distrito Federal. A decisão considerou que o governo estava no limite de gastos com pessoal estabelecido pela Lei de Responsabilidade Fiscal – Lei nº 101, de 2000.

Essa foi a primeira vez que a Seção julgou o tema, segundo o relator do caso, ministro Mauricio Godinho Delgado. No TST, o Sindicato de Servidores do Distrito Federal (Sindser) tentou reverter decisão do Tribunal Regional do Trabalho da 10ª Região (DF e TO) que não autorizou o reajuste, com base na Lei de Responsabilidade Fiscal. A categoria pedia 11% a partir de 1º de novembro de 2015, com base na inflação do período, e ganho real de 20%.

Em sua defesa, porém, a Secretaria de Estado de Fazenda do Distrito Federal informou que, segundo o Relatório de Gestão de 2015, a despesa de pessoal era de 50,8% da receita líquida, superior ao limite máximo de 49%. A Lei de Responsabilidade Fiscal veda a concessão de vantagem, aumento, reajuste ou adequação de remuneração se descumpridos os limites legais para gasto com pessoal.

Em setembro de 2016, o relator havia votado para reajustar os salários dos empregados da Novacap em 10,5%, a partir de novembro de 2015. Na sessão de ontem, alterou o voto para reduzir o reajuste a 7,5%, mas ficou vencido. A maioria acompanhou o ministro Emmanoel Pereira, que manteve a decisão do TRT.

De acordo com Pereira, o TST não pode ser insensível ao fato de que existem diversas entidades públicas completamente quebradas, sem dinheiro para pagar desde oxigênio de hospitais até salários. “Se o ente público ao qual a empresa é vinculada se encontra no limite de gastos com pessoal, não há exceção que ampare a concessão de reajuste”, disse.

A ministra Maria Cristina Peduzzi também concluiu pela impossibilidade de ser concedido reajuste.Citou o artigo 169 da Constituição, segundo o qual a despesa com pessoal não pode ultrapassar os limites estabelecidos em lei complementar.

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Na decisão, a maioria dos ministros considerou que não caberia ao caso uma ressalva da Lei de Responsabilidade Fiscal para sentenças judiciais, por se tratar de sentença normativa, ou seja, decisão da Justiça do Trabalho que apenas estabelece norma e condição de trabalho em dissídios coletivos.

O presidente do TST, Ives Gandra da Silva Martins Filho, também seguiu o voto divergente. Ele acrescentou que o próprio Judiciário está refém do Congresso quanto a reajustes. “O ano passado foi um verdadeiro calvário para a Justiça do Trabalho.”

O sindicato ainda pode apresentar recurso (embargos de declaração) no TST. Mas o presidente do Sindser, André Luiz da Conceição, não pretende recorrer, mas retomar a greve da categoria. “É um entendimento novo no TST. Foi uma decisão mais política do que técnica.”

O advogado Andre Villac Polinesio, do escritório Peixoto e Cury Advogados, destacou a “inovação” da decisão. Para ele, mostra tanto a preocupação social do TST quanto o entendimento novo de que a sentença normativa não é a decisão judicial prevista na exceção da Lei de Responsabilidade Fiscal.

Por Beatriz Olivon | De Brasília

Fonte: Valor Econômico
Data: 14 de março de 2014
Acesso: 17 de março de 2014

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