Judges demand that the Supreme Court and Congress reject the executive order that reduces salaries.

247 - The Judges for Democracy Association (AJD) released a statement defending the rejection by the National Congress and the Supreme Federal Court (STF) of Provisional Measure 936, which provides for the suspension of employment contracts.

"The government insists on plunging the working class into even greater misery than it already is, since we know very well that most employees earn between one and two minimum wages and that about 40% of people who live from their work are in the informal sector. The measure violates Article 7, VI, of the Constitution, which establishes the fundamental right to the irreducibility of wages, belittles trade unions, and weakens basic living conditions," the document emphasizes.

Check out the full note:

The Judges for Democracy Association (AJD) publicly expresses its support for society and all Brazilian workers who have survived amidst the crisis triggered by the COVID-19 pandemic, repudiating the true affront to the constitutional order and the dictates of social coexistence based on the ideas of solidarity and respect for human dignity, represented by Provisional Measure 936/2020.

Contrary to what is established in Article 62 of the Constitution, which requires "relevance and urgency" for the executive branch to issue laws in the form of provisional measures, the current government has been acting to extinguish and weaken labor rights, which will only exacerbate the health and economic crisis we are entering.

MP 936 establishes the "Emergency Program for Maintaining Employment and Income," but what it proposes is a proportional reduction in working hours and salary up to a limit of 70%, through an agreement between employer and employee. The proposal brings back a provision similar to that of Article 18 of MP 927, regarding the suspension of the contract, even knowing that said article was revoked due to the actions of several entities representing civil society, denouncing its unconstitutionality and perversity.

The government insists on plunging the working class into even greater misery than it already is, since we know very well that most employees earn between one and two minimum wages and that about 40% of people who live from their work are in the informal sector. This measure violates Article 7, VI, of the Constitution, which establishes the fundamental right to the protection of wages, disregards labor unions, and weakens basic living conditions.

The possibility of reducing wages at a time like this will have the concrete effect of drastically reducing consumption possibilities, directly harming the domestic economy. Furthermore, it will make it impossible for the working class to achieve a dignified survival. Labor law is fundamental to the maintenance of a capitalist society, because only with a decent wage and employment is consumption possible. The destruction of income through Provisional Measures 905, 927, and 936 will not only affect those who live by their labor; it will harm the national economy.

When we get past the most critical period of COVID-19 spread and return to full operation of our stores and businesses, Brazilian families will be indebted and without any purchasing power. The benefit foreseen in such a plan, besides being negligible, will depend on effective implementation. As is known, the current government has been systematically delaying Bolsa Família payments and remains reluctant to implement the minimum income for self-employed workers, as foreseen in legislation recently approved by the National Congress. What we see, therefore, is that the federal government once again reveals contempt for the lives of those who live from their labor, curtailing basic social rights, won over decades by the Brazilian population. This attitude is unconstitutional, criminal, and perverse.

Instead of confronting the serious health crisis, the government's attitude is to plunge our population into barbarity. Therefore, the AJD demands that public institutions, notably the Supreme Federal Court and the National Congress, reject in their entirety the text of Provisional Measures 905, 927, and 936/2020, demonstrating a commitment to the current constitutional order.

AJD – Judges for Democracy Association