Usina deve pagar R$ 1,3 milhão por prática de dumping social
Funcionários da Usina Santa Isabel e da Santa Luzia Agropecuária são submetidos a jornadas exaustivas de trabalho de até 12 horas, sem direito a descanso, refeição ou acesso à água potável
A Vara do Trabalho de Itápolis condenou a Usina Santa Isabel S/A e o seu braço agrícola, a Santa Luzia Agropecuária, ao pagamento de indenização por dano moral coletivo no valor de R$ 1,3 milhão devido à prática de dumping social por meio de atos ilícitos e rotineiros que resultavam em prejuízos à saúde e à dignidade de milhares de trabalhadores em nome de resultados financeiros.
A decisão é fruto de ação civil pública movida pelo Ministério Público do Trabalho em Araraquara após denúncias de que as usinas procuravam maximizar o lucro por meio da eliminação maciça de direitos dos trabalhadores, dentre eles a prorrogação da jornada normal acima do limite permitido e a terceirização de atividade-fim, visando à precarização do trabalho.
De acordo com depoimentos colhidos pelo MPT no inquérito, grande parte dos empregados das usinas trabalhavam 12 horas por dia, duas vezes por semana, e nos dias restantes cumpriam jornadas de 8 horas sem direito a intervalos para refeição e descanso, contrariando o artigo 7, inciso XIV, da Constituição Federal, que prevê jornada de 6 horas para o trabalho realizado em turnos ininterruptos de revezamento, salvo negociação coletiva.
Ao mesmo tempo em que extrapolavam o limite legal da jornada diária, o MPT constatou a prática permanente da adulteração dos cartões de pontos, com anotações de horários uniformes nos pontos de milhares de funcionários, que começavam e terminavam as jornadas ao mesmo tempo, sem variações, prática conhecida como “ponto britânico”.
Diligências realizadas pelo MPT em propriedades pertencentes às usinas também flagraram funcionários terceirizados trabalhando em condições degradantes, com ausência de água potável, instalações sanitárias, local para refeições e equipamentos de proteção, além da falta de kits de primeiros socorros.
Para o juiz Carlos Roberto Ferraz de Oliveira Silva, a indenização de R$ 1,3 milhão faz-se necessária à medida que as usinas cometeram uma “lesão jurídica social”. “O desrespeito, pelas empregadoras, aos direitos trabalhistas de vários de seus empregados, acarreta ofensa aos valores constitucionalmente consagrados como o valor social do trabalho, a busca pelo pleno emprego, dignidade da pessoa humana e boa fé contratual”, escreveu na sentença. O montante será destinado a projetos, iniciativas e/ou campanhas que revertam em benefício dos trabalhadores, a escolha do MPT.
O magistrado também confirma na sua sentença a prática de dumping social, decorrente da supressão dos direitos trabalhistas de milhares de trabalhadores. “As agressões ao Direito do Trabalho acabam atingindo uma grande quantidade de pessoas, sendo que destas agressões o empregador muitas vezes se vale para obter vantagem na concorrência econômica com relação a vários outros empregadores. Isto implica dano a outros empregadores não identificados que, inadvertidamente, cumprem a legislação trabalhista, ou que, de certo modo, se veem forçados a agir da mesma forma. Resultado: precarização completa das relações sociais, que se baseiam na lógica do capitalismo de produção. O desrespeito deliberado, inescusável e reiterado da ordem jurídica trabalhista, portanto, representa inegável dano à sociedade. Óbvio que esta prática traduz-se como “dumping social”, que prejudica a toda a sociedade e óbvio, igualmente, que o aparato Judiciário não será nunca suficiente para dar vazão às inúmeras demandas em que se busca, meramente, a recomposição da ordem jurídica na perspectiva individual, o que representa um desestímulo para o acesso à justiça e um incentivo ao descumprimento da ordem jurídica”, afirma.
As usinas também foram sentenciadas a conceder intervalos intrajornadas e descansos semanais previstos na lei, além de regularizar o sistema de controle de pontos e deixar de terceirizar atividades de corte mecanizado de cana-de-açúcar. No caso de descumprimento, as usinas devem pagar R$ 500 por trabalhador submetido a irregularidades, montante que deverá ser revertido em favor do próprio trabalhador. Cerca de 5 mil pessoas se beneficiaram da decisão.
Cabe recurso ao Tribunal Regional do Trabalho. O inquérito civil e a ação civil pública são de responsabilidade do procurador Rafael de Araújo Gomes.
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