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- Livros E Revistas
- Efetividade Da Ação Executiva E Da Execução Trabalhista, E as Novas Competências Constitucionais
O Inciso III do Art. 114 da Constituição Federal. A Contribuição Sindical
Autor | João Carlos de Araújo |
Páginas | 70-70 |
Page 70
Já disse, em algum momento, que a ação executiva já constava da CLT, como se verifica no art. 606 da CLT, mas, o § 2° à época excluía seu conhecimento pela Justiça do Trabalho. Hoje, porém, entendo que como a contribuição sindical decorre da relação de trabalho, então a ação executiva deverá ser processada e julgada pela Justiça Especializada com os privilégios da Fazenda Pública, para cobrança de dívida púbica. Então, a ação executiva, nesse caso, deverá observar as formalidades contidas na Lei n. 6.830 de 22.9.1980. Retiro essa ilação da leitura do § 2ª, do art. 606 da CLT, que proclama:
"Art. 606 (...)
§ 2o Para os fins da cobrança judicial da contribuição sindical são extensivos às entidades sindicais, com exceção do foro especial, os privilégios da Fazenda Pública, para cobrança da dívida ativa.” (grifo nosso)
Outrossim, as ações onde se discutiam a representação sindical, eram processadas na Justiça Comum. A disputa sindical...
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