Judge classifies Ministry of Labor ordinance as “abusive conduct”

This Friday (17), the Gaucho pharmacy chain Dimed obtained court approval to operate on Sundays and holidays. The company obtained a favorable preliminary decision when it challenged in court the Ministry of Labor’s ordinance that reestablished the need for authorization by collective agreement so that commercial sectors can work on Sundays and holidays.

The decision is made by judge Simone Moreira Oliveira Paese, from the Rio Grande do Sul Labor Court, and is valid for 60 days. According to her, the fact that the ordinance was published on the 14th, the day before the Proclamation of the Republic holiday, creates legal uncertainty and constitutes “abusive conduct”.

“The publication with immediate effect [da portaria do Ministério do Trabalho] is carried out exactly on the eve of a national holiday, unnecessarily and with intentions that it is not up to the Judiciary to discuss, generating discomfort, insecurity and discomfort, which constitutes, in the end, abusive conduct”, writes the judge.

“There is an inherent risk in the suppression of services to the community –in an abrupt and unaware manner, I reiterate– to the population that needs it, in violation of the principles of legality, legal certainty, reasonableness and proportionality”, says Moreira.