On May 8, the TRF1 will hold an important trial regarding the action authored by Sindjus that aims to annul the TCU’s decision that harms retirees in relation to Art. 193. The Sindjus Legal Department will make oral arguments during the trial arguing that The TCU’s understanding violates the civil servants’ rights and causes serious losses by subtracting benefits from their pensions and restoring amounts to the public treasury. The Union is also delivering new memorials to the offices of the members of the TRF1 Board.
In November 2019, Sindjus filed a lawsuit requesting urgent relief against the Union (TCU) – number 1035883-44.2019.4.01.3400 – with the aim of suspending and annulling ruling no. 1599/2019 handed down in the ordinary session of 10 /07/19, which established the understanding that payment of benefits arising from art. 193 of Law 8,112/1990, including partial payment of the remuneration for the commission position (“option”), to employees who implemented retirement requirements after 12/16/1998, the date of publication of EC 20, which limited the value of proceeds to the remuneration of the effective position in which the retirement took place.
For Sindjus’ lawyers, the TCU’s new understanding changed an orientation consolidated 14 years ago by the Federal Court of Auditors itself, thus violating the principles of legal certainty and equality, in addition to the constitutional principle of acquired rights.
In addition to working in the judicial field, Sindjus coordinators and lawyers visited TCU ministers’ offices with the aim of defending our thesis and delivering memorials. Memorials were also delivered to the members of the TRF1 Board. The coordinators also discussed Art. 193 in meetings with court presidents, as well as with directors and general secretaries of various PJU bodies.
Sindjus also sought out other entities that had employees affected by this issue, such as Sindilegis, Asajus, Asstj, the Employees’ Association and the TCU Retirees’ Association, to exchange information and discuss joint actions.
Sindjus was denied the request for urgent protection against the Union (TCU) – number 1035883-44.2019.4.01.3400, however, it filed an appeal with TRF1 (Appeal No. 1041687-08.2019.4.01.0000).
On February 21, 2020, TRF1 Federal Judge Gilda Sigmaringa Seixas granted the appeal of instrument No. 1041687-08.2019.4.01.0000 of Sindjus, granting provisional appeal relief, suspending the TCU’s decision on Art. 193. It was a very important victory, the result of the tireless work of the Union’s Board of Directors and the Ibaneis Advocacia e Consultoria office.
Although the decision on provisional appeal protection is in force until the judgment of the TRF1 Board, the TCU and the AGU ignored it, putting pressure on the courts to ensure the new understanding of the Federal Audit Court in relation to Art. 193 (Ruling 1,599/ 2019).
Sindjus officiated at all bodies of the Judiciary and MPU requesting immediate compliance with the decision of judge Gilda Sigmaringa Seixas on the suspension of the understanding established in the TCU ruling regarding Art. 193. The Union also officiated at the Federal Audit Court in the same sense , as the TCU continued to judge and not approve the retirements of several employees of the Judiciary and MPU.
Sindjus made several announcements warning that those employees who did not have their retirement approved and were notified should contact the Union so that it could take the necessary measures.
The Union’s Legal Department also asked the rapporteur judge to communicate to the PJU and MPU bodies and the TCU the delivery of the decision granting early protection, so that they could become aware of this decision.
On August 17, 2020, Sindjus had another important achievement, with the Federal Court of First Instance – SJ/DF deeming the Union’s request valid, refuting the understanding adopted in the TCU Ruling – 1,599/2019, to determine that it applies the understanding adopted by the Federal Audit Court over the last 14 years in relation to Art. 193, so that civil servants take the advantages of this option into retirement.
After petitions filed by Sindjus informing that several bodies of the PJU were determining the withdrawal of the option for article 193 from the civil servants’ payroll following guidance from the Federal Court of Auditors, the 5th Federal Court, in October 2020, determined that the TCU and the Federal Attorney General’s Office (AGU) restored the integrity of the sentence favorable to the civil servants.
In November 2020, Sindjus achieved another victory, with the Court of the 5th Court of the SJDF determining that the Union must immediately comply with the court decision in accordance with what was determined by the Judiciary.
As a result of the Union’s Board of Directors’ actions before the courts, in October 2020, the TJDFT released clarifications on the TCU ruling and the maintenance of the advantages of Art. 193 due to a judicial decision by Sindjus. And in November 2020, the then minister president of the TST, Maria Cristina Peduzzi, determined the reestablishment of the payment of amounts relating to the option of article 193 of Law 8.112/90 to retirees from that court, complying with the judicial decisions handed down by the TRF1 and the 5th Federal Court of the SJDF.
As can be seen in this brief history, Sindjus and its legal department – Ibaneis Advocacia e Consultoria – have acted strategically and continuously to maintain the option of article 193 on the civil servants’ payroll. And the Union and its lawyers intensified this action in the coming days, with the delivery of new memorials to the members of the TRF1 Board and the oral arguments in the trial on May 8, with the aim of maintaining the decision of the appeal protection and the sentence that judged the Union’s request to be valid, and prevent employees from suffering any losses.
Sindjus invites employees who want to follow this trial in person to join the Union Coordinators in the 1st Panel, Sobreloja, Room n.3, Headquarters I, of TRF1, at 2pm, on May 8th (Wednesday).
Proud to be Sindjus. Join and strengthen your Union.
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 Sindjus’ action regarding Art.193. Union and Legal intensify action to prevent losses to employees){kind=link}