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Political strike: impossibility to judge

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The Federal Constitution, guaranteeing in Article 9 the right to strike and establishing that it belongs exclusively to the workers “to decide on the possibility of its implementation and on the interests to be protected by it”, established a right without reservation, but which, of course, could not be exercised without any responsibility. In this sense, the first consequence of a strike, political or not, is the loss of weekend pay (with a few exceptions), a situation that could be overcome if the unions set up a so-called strike fund, the purpose of which is to guarantee the strikers at least part of their wages. during the strike.

Every strike is a political act. When it comes to a strike, the content of which is labor in nature, aimed at claims for collective bargaining or collective agreements, although we have the opposite position, the Labor Court has the power to judge (Article 114, II, CF) “actions connected with the exercise of the right to strike”usually confusing the exercise of the right to strike with the strike and its content, parametrized by Law no.

With regard to the intervention of the Labor Court in the resolution of disputes, paragraph 2 of Article 114 CF allows its jurisdiction, provided that the parties show common consent.

However, the more difficult issue to be brought to justice is the political strike, and the questions to be answered are: should political demonstrations be brought to justice? To what extent can a judge state impose sentences on freedom of speech? The object of the strike of a political nature is not of a labor nature in the strict sense, that is, the employer or employers are not expected to comply with the stated requirement, which usually arises against legislative changes that may affect the rights of workers or expressions of solidarity with a social, regional, national or international cause. The strike in these cases aims to publicize the exposure or threat of acts being done or about to be done that the strikers believe could seriously affect society. In this sense, demonstrations of the so-called “yellow vests” took place in France in 2018 (yellow vests) clashed with the government without judicial intervention.

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This time, given that the Labor Court’s jurisdiction is limited to making instigated decisions on wall movements predominantly of a labor nature, it would seem that when a strike is political in nature, it does not fall within its jurisdiction. .

However, in fact, often the labor court is provoked to consider strikes of a political nature.

TST website, 05/04/22, with title “The Espirito Santo bus strike against pension reform is considered a violation”, announced that Division Specializing in Collective Bargaining (SDC) of the High Court of Industrial Disputes in Proceedings ROT-303-39.2019.5.17.0000 “I declared insulting the strike launched by the Trade Union of Road Transport Workers of the State of Espirito Santo (Sindirodoviarios) on 06/14/2019 against the constitutional amendment to the welfare reform, which was then being carried out in the National Congress. with the collegiate strike was politically motivated, with claims that could not be satisfied by the employer. The decision allows the deduction of the stopped day from the wages of those who participated in the movement “.

The speaker, Minister Delaida Miranda Arantes, although taking a different position, followed the understanding of the college, holding that the strike was political in nature and therefore offensive, and the day off should be deducted from the workers.

The TRT of the 17th district earlier in the court decision expressed itself as follows, intending to recognize the competence of the labor bias “In this particular case, the strike was used as a form of protest in defense of the professional interests affected by the welfare reform, so the strike in question was included in the context of a labor law requirement in a broad sense, and not a party-political strike.”.

However, as the minister acknowledged, the strike is political in nature, and therefore it might not be appropriate to judge a political demonstration that ended in a strike as a condemnation of the damage caused by the pension reform, given that political demonstrations, peaceful in nature, should not be put on trial.

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The dollar continues to reflect the political scenario

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The dollar continues to reflect the political scenario

Yesterday, financial agents evaluated the opposite decision of the Federal Supreme Court (STF) regarding the so-called secret budget. In addition, a decision was made by STF Minister Gilmar Méndez to issue an injunction that would exclude the Bolsa Família from the spending cap rule, with investors trying to understand how this measure would affect the processing of the transitional PEC in the Chamber of Deputies. Oh this PEC!!!!

Since he is an exchange investor, any reading that the budget will be exceeded or become more flexible will negatively affect the exchange market, whether through the PEC or in any other way. We will continue with volatility today.

Looking beyond, the US Central Bank (Fed), although slowing down the pace of monetary tightening at its December meeting, issued a tougher-than-expected statement warning that its fight against inflation was not yet over, raising fears that rising US interest rates will push the world’s largest economy into recession.

The currency market continues to react to political news. The voting on the PEC is saved for today. It is expected that it will indeed be reviewed to open the way tomorrow for discussions on the 2023 budget.

Yesterday, the spot price closed the selling day at R$5.3103.

For today on the calendar we will have an index of consumer confidence in the eurozone. Good luck and good luck in business!!

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Andrés Sánchez consults with the Ministry of Sports, but refuses a political post.

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Goal.com

The former president of the Corinthians dreams of working for the CBF as a national team coordinator. He was consulted shortly after Lula’s election.

Former Corinthians president Andrés Sánchez was advised to take a position in the Ministry of Sports under the administration of Lula (PT). However, he ruled out a return to politics. dreams of taking over the coordination of CBF selectionHow do you know PURPOSE.

No formal invitation was made to the former Corinthian representative, only a consultation on a portfolio opportunity with the new federal government, which will be sworn in on January 1, 2023.

Andrés was the Federal MP for São Paulo from 2015 to 2019. At that time he was elected by the Workers’ Party. However, the football manager begs to stay in the sport, ruling out the possibility of getting involved in politics again.

Andrés Sanchez’s desire is to fill the position of CBF tackle coordinator, which should become vacant after the 2022 World Cup. Juninho Paulista fulfills this function in Brazil’s top football institution.

The former president of Corinthians was in Qatar to follow the World Cup along with other figures in Brazilian football. During his time in the country, he strengthened his ties with the top leadership of the CBF.

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The EU has reached a political agreement on limiting gas prices – 19.12.2022

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Germany sentenced Russian to life imprisonment for political murder by order of Moscow - 12/15/2021
BRUSSELS, DECEMBER 19 (ANSA). European Union countries reached a political agreement on Monday (19) to impose a natural gas price ceiling of 180 euros per megawatt hour (MWh). The main sources of income for Russia and the minimization of the use of energy as a weapon by the regime of Vladimir Putin.

The agreement was approved by a supermajority at a ministerial meeting of member states in Brussels, Belgium, after months of discussions about the best way to contain the rise in natural gas prices in the bloc caused by Russia’s invasion of Ukraine. .

The value set by the countries is well below the proposal made by the European Commission, the EU’s executive body, in November: 275 EUR/MWh. However, the countries leading the cap campaign were in favor of an even lower limit, around 100 EUR/MWh.

Germany, always wary of price controls, voted in favor of 180 euros, while Austria and the Netherlands, also skeptical of the cap, abstained. Hungary, the most pro-Russian country in the EU, voted against.

The instrument will enter into force on 15 February, but only if natural gas prices on the Amsterdam Stock Exchange exceed 180 euros/MWh for three consecutive days. In addition, the difference compared to a number of global benchmarks should be more than 35 euros.

Italy, the EU’s biggest supporter of the ceiling, has claimed responsibility for the measure. “This is a victory for Italy, which believed and worked for us to reach this agreement,” Environment and Energy Minister Gilberto Picetto tweeted.

“This is a victory for Italian and European citizens who demand energy security,” he added.

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Currently, the gas price in Amsterdam is around 110 EUR/MWh, which is already a reflection of the agreement in Brussels – in August the figure even broke the barrier of 340 EUR/MWh.

However, Russia has already threatened to stop exports to countries that adhere to the ceiling. (ANSA).

See more news, photos and videos at www.ansabrasil.com.br.

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