A Labor Court increased the daily fine imposed on Union of Urban Public Transport Workers of Campo Grande by 400%, late this Monday afternoon (15), increasing the penalty value from R$ 20 to R$ 100 mil per day of non-compliance.
The decision by judge César Palumbo Fernandes, from the Regional Labor Court of the 24th Region, occurred after the finding that the union did not comply with the previous court order to maintain the minimum percentage of 70% of the fleet in activity during the bus strike.
The first determination, which guaranteed the constitutional right to strike, but ensured the maintenance of essential services, had been issued during the judicial shift on Sunday night (14), when the strike was announced.
Non-compliance
The initial court order determined the minimum maintenance of 70% of the urban public transportwhich is considered an essential public service.
According to the decision, non-compliance with the determination was considered “deliberate and unjustified”, directly affecting the community’s fundamental rights.
Furthermore, the Court pointed out that it was a “notorious fact, widely publicized by the media”, that there was no regular circulation of public transport na data.
In the order, the court understood that the fine initially set at R$20,000 per day proved to be ineffective in compelling compliance with the obligation. Such conduct was classified by the judge as a “serious affront to the authority of the Judiciary”.
Unionist can respond for disobedience
The TRT-24 decision included other additional coercive measures, this time, directed at the president of the professional union.
According to the magistrate, it is up to the leader to be responsible for compliance with the determinations, and for this reason, he began to appear as a passive subject, in theory, of the crime of disobedience to comply with a court order, as provided for in article 330 of the Penal Code.
The Court determined urgency in subpoenaing the union and the president, authorizing the use of police force if there is resistance to notification.
A CNN Brazil try to contact the Union of Urban Public Transport Companies of Campo Grande for a position on the case. The space remains open.
