Liminar em ação civil pública - Shopping center- Cobrança pelo estacionamento de veículos de empregados e trabalhadores terceirizados
Páginas | 656-657 |
Page 656
10- Vara do Trabalho de Campinas Processo n.: 01828-2009-129-15-00-0 ACP
Autor: Ministério Público do Trabalho — Procuradoria Regional do Trabalho da 15- Região
Réu: Condomínio Shopping Parque Dom Pedro + 02
Da análise da presente Ação Civil Pública, constata-se que os réus passaram a cobrar dos empregados e terceirizados, das pessoas físicas e jurídicas que exercem suas atividades nas dependências do Condomínio Shopping Parque Dom Pedro, pela utilização do estacionamento.
Tal prática é absolutamente inadmissível, eis que tais trabalhadores ali estacionam seus veículos apenas para viabilizar a execução de seus contratos de trabalho. É evidente que o primeiro réu aufere lucro com a prestação de serviços de tais trabalhadores, na medida em que recebe parte do faturamento dos lojistas, conforme denunciado na petição inicial. Daí, a conclusão é uma só: quanto maior a produção dos trabalhadores, maior é a renda dos lojistas e, por conseguinte, maior será a renda dos réus.
Acrescente-se por oportuno, que tal prática afronta a Lei Municipal n. 12.582/06, que expressamente assegura a isenção total do pagamento de tarifa de estacionamento aos funcionários dos estabelecimentos comerciais dos Shopping Centers instalados no município de Campinas, consignando, ainda, a decisão do mandado de segurança...
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