Análise da efetividade de Termos de Ajustamento de conduta (TAC's) para garantir o trabalho decente em usinas sucroalcooleiras na região do Triângulo Mineiro

Abstract

The purpose of this study is to discuss the effectiveness of Term of Adjustment of Conduct (TAC's), a legal instrument defined by some scholars as an agreement, a business act, or a contract between the parties, through which the Public Ministry and other bodies legitimated to bring a “Public Civil Action” take from the violator of a certain diffuse, collective, individual or homogeneous right or interest the commitment to adapt to the current legislation or fail to do something or impose on him the obligation to repair damage caused, albeit through a compensatory measure. In the case of the research outlined here, we have the Public Ministry of Labor as an agent providing the data, with headquarters located in the city of Uberlândia/MG. The present research has as a general objective to understand and demonstrate how "administrative instruments" such as the TAC (Term of Adjustment of Conduct) interfere to give effectiveness to fundamental rights enshrined in the Constitution of 1988, as is the case of the protection of the dignity of the worker and thus guarantee decent work. In the present study, the research scenario was limited to analyzing the reality of workers who work in sugarcane mills, located in the Triângulo Mineiro region, notably those responsible for planting and harvesting sugarcane. Therefore, the study started from an analysis of the legislation that, since ancient times, has been trying to provide the rural worker in Brazil with special protection, considering the specificities of the functions performed by him in the field. Thus, considerations were made about laws that preceded, including the Rural Worker Statute, passing through the CLT, until reaching the Constitution of 1988. Later, considerations were made about the RenovaBio Law, which has as one of its foundations the " social inclusion”, and should here be understood not only as new job opportunities with the advent of biofuel production but also as a way of guaranteeing decent and decent work for those, such as the boias-frias (cane cutters), who work in the sugarcane fields and who, due to their social condition and misery, end up, in several situations, submitting to degrading working conditions to guarantee the existential minimum. As a working methodology, bibliographic documentary research was used (books, periodicals, newspapers, magazines, academic works, and national and international standards relevant to the subject); interviews with members of the Public Ministry of Labor and Employment (MTE) and Labor Prosecutors (MPT) in the city and district of Uberlândia/MG; analysis of Terms of Adjustment of Conduct (TAC's) emphasizing the qualitative critical crossing of information and speeches evaluated. As a temporal space, it was decided to restrict the research to a period of 10 (ten) years from 2011 to 2021, precisely to verify if, in this interregnum, there was, in fact, the use of consensual instruments for the resolution of conflicts such as the "terms of adjustment of conduct ”, as well as if there was and still is monitoring and control after the outbreak of irregularities, notably by members of the Public Ministry of Labor and Employment and Labor Prosecutors. With the collected data in hand, it went to the final considerations, trying to verify if, in fact, TAC's are effective tools to guarantee decent work in sugar and ethanol plants, having as a parameter those located in the Triângulo Mineiro region, concluding that effectiveness and assiduous and frequent control must go hand in hand, otherwise the effectiveness of instruments such as TAC's may be seriously compromised.