Project to end 6×1 created a serious legal problem, says professor
To WW, sociologist and retired USP professor José Pastore classified the consequences of the approval of the end of the 6×1 scale as a "social disaster", warning of serious legal problems created by the PEC (Proposed Amendment to the Constitution).
According to Pastore, the situation is especially serious for outsourced companies that provide services to municipalities and states.
With the increase in payroll resulting from the change, these companies will face higher costs, but city halls and states will not be able to transfer the amounts due to restrictions imposed by the social responsibility law.
"The PEC created a very serious equality problem", he stated, explaining that the privileged treatment given to the public sector for 12 months to correct imbalances does not apply equally to the private sector, which will also suffer relevant financial impacts.
Risk of annulment of agreements and collective conventions
Another point of concern raised by Pastore concerns the possible revocation of agreements.
According to legal sources consulted by Pastore, the project to end the 6×1 scale created a "serious legal problem".
"The PEC is practically revoking agreements and collective conventions that were negotiated legitimately, legally and with complete independence between the parties", he declared.
To illustrate the problem, the sociologist used an example: "You buy a house, put half down and pay the rest. Then, shortly, a law appears and says: no, this contract is annulled. Where is the legal certainty that needs to be guaranteed?"
Pastore highlighted that the Federal Constitution itself prohibits a subsequent law from canceling contracts already legally signed.
"No law can cancel a contract that was legally signed previously, within the will of the people", he said, citing the provisions of the Constitution.
The sociologist also warned that the situation could trigger an avalanche of actions in the STF (Supreme Federal Court), adding to the already significant economic and social losses expected with the approval of the PEC.
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Source: CNN