The brazilian workers,
by means of democracy,
changed their own story as well as the brazilian history. Once holding
the position of dominated class, they turned into a dominating class. In
the past 10 years, they have elected presidents, appointed the most
important Ministers of State and, also, established the current
composition of the Brazilian Superior Courts.
It was meant to the Syndical leader Lula and, now, to his successor
Dilma, to define and appoint 90% of the Ministers of Supreme Court
(STF), Superior Court of Justice (STJ), Court of Audit (TCU) and
Superior Labor Court (TST). Besides, the Workers Party (PT) hás elected
Governors, Mayors and the majority of the Senators and Federal and State
Deputies of the brazilian nation. For no other reason, the PT is
considered the richest and most organized political party in Brazil.
This
power has been
consolidated
in such
unusual manner that
this
labor
leaders
choose,
appoint
or
dismiss
the CEOs of the wealthiest and most powerful
companies in
the country.
They command
Petrobras,
Eletrobras,
Banco do Brasil,
Caixa
Economica
Federal,
the Ipiranga Group,
BNDES,
BNDESPAR
VALE,
EMBRAER,
Oi
Brasil
Telecom, at the
Regulatory
Agencies
in
CADE.
They control
billions
of dollars
of the 34
largest
private Pension Funds
in
Latin
America,
among them,
PETROS,
PREVI
and
FUNCEF.
Directly
or
indirectly,
the
labor
leaders are
behind
the decisions
of
billions
of dollars,
that are distributed and invested
through
FGTS,
BNDES,
Banco do
Brasil,
Caixa é Nossa,
Caixa Econômica Federal
or
applied
in currency exchange markets, futures and Stock Exchange in Brazil and
even in the USA.
They are
even
above the
law,
as
they
chose
the leaders
of the
inspection body that should control their
activities and business.
In this sense, they chose the
directors
and
presidents
of the CVM,
the Central
Bank,
TCU
and Regulatory Agencies,
in addition
to
CADE.
The anachronism is that workers, despite winners, still insist on
pretending to be an unattended class, inducing the Judiciary and the
whole society to have the false impression that workers’ lives have not
changed.
The changes are so significantly, that, today, the most unprotected
class in Brazil is the entrepreneur. Federations and confederations of
the entrepreneurial class by far do not have the importance and
representativeness of the syndicates and confederations of workers.
Even so, it remains flawed the policy of imposing excessive social costs
against those who create jobs. An example of that is the unemployment
paycheck, benefit that rather than inhibit, has encouraged the
termination of the employment contract. Many professionals seek
unemployment in order to receive such a sum, which represents the
workers'
indemnification, composed
by unemployment paycheck, notice, 13º
commensurate salary, transportation passes, food vouchers, commensurate
vacation and FGTS draft with fines of 40% and 10%.
Besides that, it is added the cost of "Labor Claims Industry". Lots of
workers fill claims in Labor Courts, seeking moral damages, overtime and
other benefits articulated by witnesses "reasonably" instructed. The
risk appertain to the employer. The company is the only part obliged to
pay heavy costs, attorneys' and experts’ fees and hold hearings. The
employee pays nothing and is not even criminally prosecuted when lies to
obtain undue gains.
A
Labor
Claim
is
a
"full
plate"
for
opportunists.
Labor
sentences
reward
employees
with
immoral
convictions.
There are
overtime
sentences
which
assume
that
workers
not even
sleep,
eat
or even
less
have
time
to
graduate
in
schools
and
colleges.
The
decisions
of
the Labor
Court
condemn
even
paychecks
integration
regarding
the
amount
spent
on
training,
alimentation,
health
plans
and
uniforms.
Once you
ask,
that
"justice"
gives!
We need to
change
such
reality.
Workers
should
criticize
the
excesses,
under
penalty of
denying
the
"power"
they have
reached.
Applying
the
CLT
in
detriment
of reality
and
other laws
in force
in
Brazil
is
a
way of
indulgence that
will
weaken
the
gains
achieved
through
democracy.
Freedom and
struggle
always
have
two
sides,
it is just about
evolving to see!
Édison Freitas de Siqueira
Presidente do Instituto de Estudos dos Direitos dos Contribuintes
www.direitosdocontribuinte.com.br
efs_artigo@edisonsiqueira.com.br
Leia
este artigo em português. |
