Union accuses judge of moral harassment against employee – 06/21/2023 – Frederico Vasconcelos

The Union of Workers of the Federal Judiciary in the State of São Paulo (Sintrajud) filed a disciplinary complaint against federal judge Paulo Ricardo Arena Filho, from the Special Court of Ribeirão Preto, whom it accuses of the practice of moral harassment. The magistrate is an auxiliary judge of the presidency of the TRF-3.

According to the union, the judge dismissed João Carlos França Peres, a hearing-impaired employee, making him available to the Board of the Forum on the grounds of low productivity.

Peres took part in the public examination and entered the Federal Court on a quota basis.

The facts are being investigated under secrecy in the Internal Affairs of the Federal Justice of the 3rd Region (SP-MS).

Through the TRF-3 press office, the judge said he had requested that the server be assigned to another judicial unit, “given that the Federal Special Court of Ribeirão Preto does not have an organizational environment compatible with work under the stipulated conditions”. [veja a íntegra no final do post]

The director of the forum, judge Marcio Ferro Catapani, had recognized the legal conditions for the server to carry out his activities “in a teleworking regime, without increasing productivity”.

According to the complaint, the judge did not comply with this determination. Peres claimed that this decision caused him inconvenience, as he has worked at the unit for over ten years. During the period, he got four compliments on his record.

For Sintrajud, the measure was “a form of punishment for having required a type of work consistent with his health condition”.

Also according to the representation, “the magistrate had previously withdrawn the Commissioned Function from the applicant and without any prior notice, in clear retaliation for the fact that the servant had publicly manifested himself in an activity promoted by the union”.

The union’s bulletin informs that, on May 5, 2022, at the end of the pandemic, Sintrajud organized a demonstration at the entrance to TRF-3, when Peres made “a public report, in a venting tone, about working conditions and the controversial measure of the court’s administration for telecommuting”.

The claim is signed by lawyers Helenice Batista Costa and Cesar Rodolfo Sasso Lignelli.

OTHER SIDE

The TRF-3 press office sent the following information from judge Paulo Ricardo Arena Filho to the blog:

“I asked the Administration that the server be allocated to another judicial unit, considering that the Special Federal Court of Ribeirão Preto does not have an organizational environment compatible with working under the stipulated conditions. will not imply changing city or even extra displacement.

The measure was adopted considering the tasks performed by the civil servant at the Federal Special Court of Ribeirão Preto, the determination for him to work with different productivity goals and the impact on the unit’s procedural process.

The JEF in Ribeirão Preto currently has more than 60,000 cases, the vast majority related to assistance and social security benefits for underprivileged people, who depend on the quick response of the Justice to ensure their livelihood.

An internal relocation was studied, so that he could act in customer service, where there would be no impact on the processing of the unit’s actions, but this option was discarded in view of the server’s condition, which has a profound reduction in the hearing of one of the ears. and had previously complained about acting in that role.

Thus, in the face of so many complex factors, considering the server’s needs and the demands of the judicial unit for the best service to the population, it was concluded that the change in capacity, reiterating that such a measure would not imply a change of city or even relocation would be the best solution.”

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