SIPE – Independent Union of Teachers and Educators asked for the urgent intervention of political parties with the Constitutional Court, after 16 rulings favorable to workers on the application of Law No. 45/2024 to employees who had already been subscribers to the Caixa Geral de Aposentações (CGA) and returned to the State before the rule came into force.
The union wants the parliamentary groups to request the inspection of numbers 1 and 2 of article 2 of the law, so that the STF declares the unconstitutionality of the rules in question with general mandatory force. To move forward with the request, 23 deputies are needed, corresponding to one tenth of the members of the Assembly.
Union says lack of general decision prolongs processes
According to SIPE, despite the 16 rulings already handed down in favor of workers, there is still no declaration with general binding force, which leads the CGA to maintain appeals in the courts and delays the recognition of the rights of the workers covered.
Quoted in a note, Júlia Azevedo, president of SIPE, states that “Currently, there is no declaration with general binding force. Therefore, the CGA continues to appeal to the Court.”
The union leader adds that “this stance prolongs processes, delays decisions and prevents the recognition of workers’ rights in a timely manner”.
The official also emphasizes that “the current scenario creates legal uncertainty and congests the courts”, arguing that the 2005 law only aimed to prevent the registration of new subscribers from 2006 onwards and should not cover those who already had a history in the CGA and subsequently returned to public functions. “Therefore, we ask for justice to end an injustice”, says Júlia Azevedo.
The union explains that it cannot directly ask the Constitutional Court for a declaration of unconstitutionality, as this competence lies with the President of the Republic, the Ombudsman or one tenth of the deputies of the Assembly of the Republic. Therefore, it calls on parties to use the constitutional mechanisms available.
“We are asking political parties to intervene with the STF, and we need a tenth of the deputies to sign our request, that is, 23 deputies”, says Julia Azevedo.
He guarantees that he will continue to use all legal means to defend the teachers and other affected employees.
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