Rio de Janeiro Court of Justice overturns injunction in favor of teachers.

Cristina Indio do Brasil - Reporter for Agência Brasil

The Court of Justice of the State of Rio de Janeiro (TJRJ) today (5) annulled the injunction granted by Judge Cláudia Pires dos Santos Ferreira, of the Sixth Civil Chamber, in favor of the State Union of Education Professionals (Sepe-RJ). The injunction prevented the application of absence or punitive administrative acts to employees who refused to accept work relocations after the strike, between May 12 and June 27 of this year.

In her decision, the judge highlighted the position of the teachers' union, clarifying that after negotiations, the state government published a decree on July 15th, excusing the absences, both financially and disciplinarily. However, for a group of teachers, the state government maintained the loss of their original assignments, leading to significant displacements between schools, changes in schedules, and loss of classes, imposing transfers against their will. According to Marta Moraes, coordinator of Sepe-RJ (the teachers' union), the TJRJ (Rio de Janeiro State Court of Justice) decision is detrimental to the profession.

"This decision is very bad because, in reality, many teachers can't get to the schools. They are far apart, and there's no way to get there. We'd have to fly if we had wings. It's regrettable because it means penalizing them when the governor actually signed a decree granting leave for all purposes during the strike period. Then the secretariat makes an interpretation of the decree, and now the injunction is overturned. This is very bad," he told Agência Brasil.

According to the TJRJ's assessment, "the injunction is clearly a matter arising from the exercise of the right to strike, therefore, within the exclusive competence of the special body. Thus, the teachers who were refusing to take on new classes are obliged to return to work immediately, in accordance with what had been designated by the Seeduc [Rio de Janeiro State Department of Education]."

The State Department of Education (Seeduc) reported that the court decision must be complied with, and added that 76 teachers have been reassigned to other schools. Of the total, only 11 complained, out of a universe of 75 teachers. The department also stated that those who do not comply with the ruling will have their absences deducted and, consequently, may lose their position for abandonment.

According to Seeduc, the state governor's decree made no mention of remaining in the original work location. "It only excused, for disciplinary and pay purposes, the absences of state public education employees that occurred between May 12 and June 27, 2014," it stated.