PF and PRF receive resources for labor infractions against Onyx’s ministry

The Federal Police and the Federal Highway Police receive funds collected as a result of labor infringements and do not impose restrictions on these transfers, contrary to the unprecedented prohibition put in place by the Ministry of Labor and Social Security, recently recreated by President Jair Bolsonaro (no party ) to accommodate Onyx Lorenzoni on the Esplanade of Ministries.

The Ministry of Labor started to bar goods, services and money agreed with offenders who sign TACs (conduct adjustment terms) with the MPT (Public Ministry of Labor), which weakens labor inspection, given the dependence of regional units on these resources to be able to function.

The initiative was revealed by sheet in an article published on the 7th.

Based on two legal opinions, prepared by the Bolsonaro government, the Onyx ministry sent an official letter, signed on October 27, to regional sub-secretariats, coordinations and superintendencies communicating the “impossibility of receiving property assets or financial resources arising from TAC or application of fines”.

All values ​​and goods must go to the FDD (Fund for the Defense of Diffuse Rights) or to the FAT (Fund for the Support of Workers), according to the new guidance.

The interpretation given to labor inspection, the target of constant flexibility in the Bolsonaro government, is not the same one followed by the PF and PRF, which are constantly used in the Poconarista propaganda.

The two police confirmed the sheet which receive funds from agreements with the Public Ministry and have not pointed out restrictions to this type of transfer, which serves to equip local units and guarantee the existence of inspection and control programs and campaigns.

“The adjustment of resources from the TACs signed by the MPT is carried out by the local unit and the member of the MPT, being approved by the Judiciary Power,” stated the PF, in a note. “There is no guidance on the restriction on receiving resources and goods from TACs adjusted with the MPT.”

The PRF does not receive resources from TACs signed by the Public Ministry, but “it is eventually the recipient of assets related to agreements entered into by the MP or judicial decisions, due to its direct action in combating illegal activities,” he stated in a note to the report.

Neither the PF nor the PRF informed the amounts and goods received during the Bolsonaro government, based on direct transfers agreed in agreements by the Public Ministry.

The practice of direct allocation of resources, as a way of compensating for collective damage caused by a person or a company, is not restricted to PF and PRF.

The MPT said, in a statement, that the allocation of resources benefits “several public bodies, federal, state or municipal, as a means of strengthening the public interest and its legal duties”.

“The MPT, a branch of the Public Ministry of the Union, in the exercise of its final independence, guaranteed by article 127 of the Federal Constitution, does not submit to the guidelines established by bodies of the Executive Power”, said the body, which defends direct transfers as a way, like the funds, for the direct and indirect reparation of labor damages.

The Ministry of Justice and Public Security, the portfolio to which the PF and PRF are linked, did not say whether there are any recommendations contrary to direct allocations to the police.

In a statement, the ministry cited a 2020 ordinance that approved a manual with guidelines on collecting revenue from funds managed by the ministry. The FDD, for example, is managed by the ministry.

The manual, however, does not put textually restrictions on direct transfers to federal agencies.

“The Ministry of Justice and Public Security has a systematic action in order to seek the correct framing of public revenue,” stated the folder.

The guidelines were sent to the CNJ (National Council of Justice) and to the CNMP (National Council of the Public Ministry), according to the ministry.

At the Ministry of Labor, there have been at least three recent refusals: R$ 1 million in Paraná; a pickup truck in the Holy Spirit; and a van for rural inspection in the interior of Minas Gerais.

In the case of this last refusal, the MPT called the Labor Court, which determined that the regional management in Montes Claros receive the vehicle.

The legal opinion used by the Ministry of Labor is of an “internal nature” and “does not bind this court”, according to the decision of the Labor Court of Pirapora (MG).

The Court pointed out that the allocation of resources to the proposed funds was illegal.

The FDD, when listing its purposes, did not mention compensation for damages caused to workers, as per the decision. And FAT’s resources do not meet the social purposes provided for by law, being earmarked for unemployment insurance, salary bonuses and professional education, according to the decision.

Judge Pedro Paulo Ferreira ordered the Superintendence of Labor to receive the truck agreed upon in the TAC signed by the MPT, “in order to allow the fulfillment of its supervisory function”.

The magistrate stated that the need to allocate the property to the regional management in Montes Claros is “uncontroversial”.

The Ministry of Labor stated that it was based on legal opinions from the AGU (General Attorney of the Union) and the PGFN (General Attorney of the National Treasury).

“The circular letter is nothing more than an orientation to the units subordinated to the ministry for the fulfillment of the mentioned legal understandings”, he affirmed, in a note.

The inspection of slave labor, child labor, work accidents and all related inspections are guaranteed by resources available in the Federal Budget, according to the folder.

“It is not, therefore, a question of compensation for not receiving these goods. The Union Budget must guarantee the progress of fiscal actions throughout the country.”