McDonald’s é multado em R$ 2 milhões por colocar adolescentes em funções perigosas

O Tribunal Superior do Trabalho (TST) condenou na última semana a Arcos Dorados, maior franquia do McDonald’s no mundo, a pagar R$ 2 milhões em danos morais coletivos por colocar menores de idade para trabalharem com chapas e fritadeiras. Além de pagar o valor, a empresa também terá que realocar adolescentes que ainda trabalham nessas funções. O McDonald’s afirmou que irá recorrer da sentença.

A decisão do TST é referente a um caso que tramita desde 2013 na Justiça brasileira. Na ocasião, o Ministério Público do Trabalho (MPT) moveu processo contra o McDonald’s por colocar menores de idade para trabalharem em funções de alta periculosidade.

Inicialmente, a 17 ª Vara do Trabalho de Curitiba (PR) havia condenado a empresa a pagar R$ 400 mil em danos morais. Depois que o McDonald’s recorreu da decisão, o Tribunal Regional do Trabalho (TRT) do Paraná derrubou os danos morais, alegando que as funções não eram perigosas porque os adolescentes faziam uso de Equipamento de Proteção Individual (EPI).

“Levamos o juiz até o local onde esses adolescentes trabalhavam para comprovar as denúncias. No local, foi averiguado que, mesmo com os EPIs, muitos tinham cicatrizes causadas por queimaduras. Uma atividade não condizente com o que a legislação brasileira diz sobre menores de idade em ambientes de trabalho. Não restaram dúvidas sobre as denúncias que fizemos”, afirma Samuel Antunes, advogado que representa a Contratuh, confederação que representa os trabalhadores do setor de fast food no Brasil e que atuou como assistente no processo.

O caso, então, chegou ao TST, que reverteu a decisão do TRT e aumentou o valor da indenização por danos morais. Além disso, adolescentes que trabalham com chapas e fritadeiras terão que ser realocados, assim como os que atuam em limpeza de banheiros e coleta de lixo, funções também proibidas para menores de idade por serem consideradas insalubres.

“É uma grande vitória, que comprova nossas denúncias. Foi um trabalho conjunto da confederação, do Ministério Público do Trabalho, dos trabalhadores e da sociedade. Depois de uma década, ver essa decisão protegendo nossos adolescentes mostra que o esforço valeu a pena. Esta decisão abre um precedente importante para outras ações que pretendem proteger ainda mais a categoria”, avalia Wilson Pereira, presidente da Contratuh.

A reportagem entrou em contato com a Arcos Dorados, que disse que vai recorrer da decisão. “A decisão em questão não é definitiva e a empresa apresentará os recursos cabíveis. Reitera seu compromisso de respeito e de total cumprimento da legislação trabalhista vigente”, afirmou a empresa, em nota enviada por email.

Fonte: iG Mail

 

 

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