Administrativo - Constitucional
Páginas | 51 |
Page 51
Apelação Cível. Administrativo. Servidor público municipal. Ação de cobrança. Horas extras. Carga horária semanal prevista no estatuto dos servidores públicos do município. Cartões-ponto. Recurso parcialmente provido.
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O fato de o servidor ter prestado concurso público para cargo, cuja jornada de trabalho semanal era de quarenta e quatro horas, não impede que o município, por meio de lei, reduza essa carga horária. 2. Reduzida a carga horária semanal, faz jus o servidor ao pagamento de horas extras pelo período no qual, ultrapassando a nova carga horária, laborou. 3. O pagamento das horas extras deve ser feito com base nas horas efetivamente trabalhadas, constantes dos cartões ponto do servidor.
Precedente deste Tribunal de Justiça. (TJ/PR - Ap. Cível n. 0369468-2 - Comarca de Palotina - 5a. Câm. Cív. Ac. unân. - Rel.: Des. Eduardo Sarrão - j. em 08.05.2007 - Fonte: DJPR, 25.05.2007).
Ação direta de inconstitucionalidade. Artigo 19, caput, da Lei Federal n. 8.870/94. Discussão judicial de débito para com o INSS. Depósito prévio do valor monetariamente corrigido e acrescido de multa e juros. Violação do disposto no artigo 5º, incisos XXXV e LV, da Constituição do Brasil. 1. O artigo 19 da Lei n. 8.870/94 impõe condição à propositura das açotilde;es cujo objeto seja a discussão Page 52 de créditos tributários. Consubstancia barreira ao acesso ao Poder Judiciário. 2. Ação Direta de Inconstitucionalidade julgada procedente. (STF - Ação Direta de Inconstitucionalidade n. 1074 - Brasília - T. P....
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