According to the judge, the public prosecutor's office's decision on financing undermines union freedom.
A judge from the São Paulo Regional Labor Court granted an injunction to a union, in yet another decision that nullifies the effects of a measure issued by the government; he also cited guarantees enshrined in the 1988 Constitution and provisions of the International Labour Organization (ILO), which address freedom of association and the recognition of collective bargaining.
Current Brazil Network - Dozens of entities have already obtained injunctions to block Provisional Measure (MP) 873, of the 1st, on union financing. This Friday (29), a decision was issued in the second instance, by the judicial vice-president of the Regional Labor Court of the 2nd Region (TRT-2), judge Rafael Pugliese, in favor of the Drivers' Union of São Paulo.
The injunction refers to one of the companies in the group, Mobibrasil Transportes, in order to guarantee the deduction of union dues from members' paychecks. According to the category's collective bargaining agreement, companies must make the deduction, which corresponds to 2% of the base salary, provided the employee authorizes it.
The government's provisional measure only allows collection through bank slips, hindering the transfer of funds and burdening the entities. Several direct actions of unconstitutionality are awaiting judgment by the Supreme Federal Court (STF). The rapporteur, Minister Luiz Fux, has forwarded the actions to the plenary.
Judge Pugliese – who opposed the first-instance decision – considered the government's measure an intrusion by the State into union life. "It prohibits any freedom of choice regarding the respective procedures, and also establishes a single formula for collection through payment slips. There is nothing more at odds with the meaning of freedom than an act that revokes freedoms. And here, it is union freedom that is being revoked," he declared.
He also cited guarantees enshrined in the 1988 Constitution and provisions of the International Labour Organization (ILO), which address freedom of association and the recognition of collective bargaining.