Salário mínimo será usado como base de cálculo para insalubridade
| Autor | Pereira Almeida; Sitzer Gregolin |
| Ocupação do Autor | Abogado |
| Páginas | #5 |
O entendimento da Turma confronta a Súmula Vinculante n° 4 do Supremo Tribunal Federal (STF) que declarou a Inconstitucionalidade de tal aplicação. A Súmula, contudo, também vedou a substituição desse parâmetro por meio de decisão judicial Desse modo, até a adoção de um novo critério, seja por lei, negociação ou sentença coletiva, continuará sendo utilizado o critério do salário mínimo.
A Turma baseou sua decisão na justificativa de que o STF se utilizou de uma técnica conhecida como "declaração de inconstitucionalidade sem pronúncia da nulidade", no qual a norma declarada inconstitucional continua a reger as relações...
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