O Tribunal de Justiça de Minas Gerais (TJMG) decidiu em favor do direito de dirigentes sindicais, que são servidores públicos, de se licenciarem para exercer o mandato no sindicato ao qual foram eleitos. Esta decisão está relacionada à Emenda à Constituição de Minas Gerais 111/2022, proposta pela Assembleia Legislativa do estado.
Essa emenda alterou o artigo 34 da Constituição estadual, aumentando o número de servidores públicos aptos a exercer funções sindicais sem perder seus direitos ou remunerações. Com isso, tanto servidores civis quanto militares ganharam o direito de se candidatar a cargos sindicais e se licenciar de suas funções públicas para cumprir seus mandatos nos sindicatos.
Em maio de 2023, o governador de Minas Gerais, Romeu Zema (Novo), ajuizou ação direta de inconstitucionalidade contra a EC 111/2022, alegando vícios formais (competência privativa do chefe do Executivo para dispor sobre o tema) e materiais (afronta a dispositivos da Constituição Federal).
O Sindicato dos Servidores da Justiça do Estado de Minas Gerais (Serjusmig) apresentou um parecer elaborado pelo advogado Humberto Lucchesi de Carvalho, argumentando que a emenda à Constituição estadual não era inconstitucional. Além disso, defendeu que, mesmo em caso de suspensão, os efeitos da emenda deveriam ser modulados para preservar os mandatos sindicais vigentes.
Inicialmente, o TJ-MG suspendeu a eficácia dos artigos da emenda por meio de uma decisão cautelar. No entanto, embargos apresentados pelos sindicatos e pela Procuradoria da Assembleia Legislativa de Minas Gerais (ALMG) levaram o TJ-MG a manter, por ora, a validade dos mandatos dos dirigentes sindicais dos servidores públicos.
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