The 1st Panel of the Federal Supreme Court (STF) formed a majority, this Monday (14), to uphold the decision of Minister Alexandre de Moraes that overturned a conviction imposed on Petrobras in 2018 by the Superior Labor Court (TST).
In addition to Moraes, who is the rapporteur of the case, ministers Dias Toffoli and Cármen Lúcia voted in this regard. Minister Luís Roberto Barroso declared himself a suspect to analyze the process.
The TST had condemned the state-owned company to pay a billionaire amount, of almost R$ 47 billion, in additional and bonuses charged by unions. In Petrobras’ calculations, around R$ 17 billion would be spent. With Moraes’ decision, the sentence of the lower court was reestablished, which dismissed the initial request made.
In his vote, Moraes stated that the agreement did not remove labor rights and “was entered into within the scope of the companies’ Positions, Careers and Salaries Plan, called PCAC”. “It is clear that the plans for positions, careers and salaries aim to ensure equal treatment to all those who exercise the same positions and functions”, argued the minister.
Petrobras employees went to the Labor Court in 2018, claiming that the state-owned company would not be calculating the base salary values correctly. The TST agreed with the thesis and the state company was ordered to redo the accounts. Moraes, however, overturned the TST’s decision.
“Created by the company in 2007, the RMNR (Minimum Remuneration by Level and Regime) generated a series of salary distortions for workers in industrial areas, exposed to harmful environments. The TST decision ratified the understanding that legal additionals, such as hazardous, nighttime, confinement, among others, cannot be compressed into the RMNR, as Petrobras did,” argues the Unique Federation of Oil Workers (FUP), in a statement released. on your website.
According to the federation, which brings together a series of labor unions, at the time, the TST ordered the company to correct the salary of employees. “To avoid payment, Petrobras filed an extraordinary appeal, moving the case to the STF, which in 2019 designated the rapporteur to Minister Alexandre de Moraes,” he added.
The appeal is judged by the virtual plenary of the STF, a form of voting in which justices register their votes in the Supreme Court system, without having a session for the individual reading of each vote. The trial started last Friday (11) and goes until next Friday (18).
*With information from Estadão Content
Source: CNN Brasil
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