Decisão Monocrática Nº 0308711-81.2015.8.24.0023 do Segunda Turma Recursal - Florianópolis (Capital), 27-04-2022
Número do processo | 0308711-81.2015.8.24.0023 |
Data | 27 Abril 2022 |
Tribunal de Origem | Tribunal de Justiça de Santa Catarina |
Classe processual | RECURSO CÍVEL |
Tipo de documento | Decisão Monocrática |
RECORRENTE: INSTITUTO DE PREVIDÊNCIA DO ESTADO DE SANTA CATARINA - IPREV (RÉU) RECORRENTE: ESTADO DE SANTA CATARINA (RÉU) RECORRIDO: ROSANGELA DAVILA (AUTOR)
DESPACHO/DECISÃO
Trata-se de pedido de uniformização apresentado pelo ESTADO DE SANTA CATARINA, alegando divergência entre os entendimentos das 2ª e 3ª Turmas Recursais sobre a questão em debate nestes autos, com pretensão de ver aplicada a tese defendida pela 3ª Turma Recursal.
A Turma de Uniformização decidiu a questão, firmando a seguinte tese:
A percepção do adicional de insalubridade pelo servidor público do estado de Santa Catarina, para conversão do tempo de serviço especial, possui presunção juris tantum da prática de atividade em ambiente insalubre, podendo ser ilidida com a juntada pelo estado, durante a instrução, do laudo técnico de condições ambientais do trabalho - LTCAT, arts.57 e 58, da lei nº 8.213/91. (PUIL 0000073-33.2021.8.24.9009, sessão de 04/04/2022) Disponibilizado no DJE n. 3757 de 22/04/2022, página 692)
Verifica-se, portanto, que a Turma de Uniformização manteve o entendimento desta 2ª Turma Recursal, não havendo, por consequência, que se falar em alteração dos acórdão proferidos, uma vez que, neste caso, o servidor recebeu o adicional de insalubridade e o...
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