‎Brazil News

 

 

Judge Eron Simas, from the 1st Civil Court of Campos dos Goytacazes/RJ, determined that the municipality adopt the national salary minimum for teaching for a public school teacher. According to the judge, the Municipal Treasury has not demonstrated that there is a lack of budgetary capacity that would prevent the adjustment of salaries of professionals in the class.

 

In court, the teacher from the municipal education network in Campos dos Goytacazes/RJ, with a workload of 35 hours per week, sought an adjustment of her base salary to adapt it to the national minimum for public teaching in basic education.

 

In response, the municipality argued that the professional already receives basic remuneration in accordance with legal standards.

 

The judge, in analyzing the specific case, found that the professional received a salary of R$ 3,535.28 in 2023. However, considering the national minimum for a workload of 40 hours per week in the same year, set at R$ 4,420.55 , the national minimum corresponding to the author’s workload is R$ 3,867.98.

 

Thus, he concluded that "the salary paid to the teaching class by the Municipality of Campos dos is below the national teaching floor".

 

Furthermore, the judge highlighted that the Municipal Treasury did not present evidence of a lack of budgetary capacity that would justify the non-adaptation of the salaries of teaching professionals to the national minimum, "it being certain that the limits set out in the fiscal responsibility law cannot serve as a justification for non-compliance with the floor".

 

Therefore, the action was upheld, ordering the municipality to implement the national minimum wage in the teacher's base salary.

 

Judge applies national teaching floor to municipal teacher. 

 

Process: 0808569-07.2023.8.19.0014