Toffoli gives 2nd vote in favor of Petrobras in a R$47 billion labor lawsuit

The 1st Panel of the Federal Supreme Court (STF) begins this Friday (11), the judgment of the appeal of the largest labor lawsuit involving Petrobras, which deals with a possible reimbursement of the company to employees, with an impact on its cash of about R$ 47 billion.

Minister Alexandre Moraes had already positioned himself in favor of the state-owned company, in July last year. The decision of the collegiate, now, is about the maintenance or not of the decision of Moraes.

Until this Friday afternoon, ministers Moraes, rapporteur of the case, and Dias Toffoli, both voted against the workers’ appeal.

The process deals with the calculation of remuneration agreed in the 2007 collective agreement and applied by the company – the Minimum Remuneration by Level and Regime (RMNR), which established a minimum salary for occupations. Unions complain, however, about the calculation of remuneration.

Moraes’ view, expressed in July last year, is that the agreement did not suppress or reduce labor rights and that there was no violation of the principle of equality among the oil company’s employees. The same argument was used by him this Monday. He accepted Petrobras’ appeal to the decision of the Superior Labor Court (TST), favorable to employees.

“Created by the company in 2007, the RMNR generated a series of salary distortions for workers in industrial areas, exposed to harmful environments to health. 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 rapporteur’s interpretation, today, however, was that “there is no repair to be made in the understanding applied, since the regimental grievance did not present any argument capable of overcoming the obstacles pointed out”, concluded the minister. Toffoli followed the vote.

The voting process started today may extend until the next 18th. The 1st group is also made up of ministers Rosa Weber, Cármen Lúcia and Luís Roberto Barroso, who have not yet voted.

Source: CNN Brasil

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