Legal proceedings against striking teachers are upheld.
The Court of Justice of Maranhão (TJMA) dismissed, without prejudice, a lawsuit seeking a precautionary measure filed by the Union of Public Municipal Education Professionals of São Luís (Sindeducação) against the Municipality of São Luís. The union sought to prohibit the Municipality from deducting wages from striking employees, as well as from initiating any administrative proceedings based on absence from work due to participation in the strike, until the final decision in the main action becomes res judicata, under penalty of a daily fine of R$ 5.
Silvia Tereza's Blog - The Court of Justice of Maranhão (TJMA), through the reporting of Judge Antônio Guerreiro Júnior, dismissed, without prejudice, an action with a request for precautionary measures filed by the Union of Professionals of Municipal Public Education of São Luís (Sindeducação) against the Municipality of São Luís. The TJMA considered the path chosen by Sindeducação to make such a request to be inappropriate.
The union was petitioning the court to prohibit the Municipality from deducting wages from striking employees, as well as from initiating any administrative proceedings based on absence from work due to participation in the strike, until the final decision in the main action becomes res judicata, under penalty of a daily fine of R$ 5.
"The applicant's complaint relates to the preliminary injunction issued in Ordinary Action No. 20.836/2014, which was challenged both by motions for clarification and by an interlocutory appeal. In both appeals, I rejected the union's arguments presented therein, which are now repeated in the present case. In other words, the plaintiff is using the precautionary measure as a substitute for an appeal, which cannot be allowed," stated the judge in his reasoning regarding the union's request.
According to the city's Attorney General, Marcos Braid, the teachers' union (Sindeducação) should comply with the court orders. "The union should seek to comply with the court orders, instead of delaying the process by filing incidents that are clearly unfounded," he stated.