Regional Labor Court of the 4th Region Disclosure/TRT-RS A street cleaner was responsible for controlling access to people and vehicles in a municipal authority in Porto Alegre. The Court recognized the deviation in function and ordered the payment of the difference in salary and consequences. The decision is from the 11th Panel of the Regional Labor Court of the 4th Region (TRT-RS). g1 contacted Porto Alegre City Hall, but received no response until the last update of this report. The worker was appointed to the position of street sweeper in 1984. Between 2017 and 2020, he worked at an entry gate for people and vehicles, controlling access to the unit's headquarters. He was dismissed in 2023, upon joining a Voluntary Dismissal Program. In 2025, he filed a lawsuit asking for recognition of misuse of function. ? Access the g1 RS channel on WhatsApp He stated that he carried out surveillance activities, a function that was the responsibility of municipal guards. The municipality, in turn, refuted the allegations. In a statement, the Public Ministry of Labor was in favor of the street sweeper's appeal.
Court recognizes that street cleaner worked as a municipal guard in Porto Alegre and orders payment of salary difference
Regional Labor Court of the 4th Region Disclosure/TRT-RS A street cleaner was responsible for controlling access to people and vehicles in a municipal authority in Porto Alegre. The Court recognized the deviation in...
In the first instance, the court of the 18th Labor Court of Porto Alegre understood that there was no municipal guard work, considering that he "did not carry out surveillance in previously determined locations, did not use a uniform or weapon, did not carry out inspection rounds, nor did he investigate abnormal conditions in the premises in which he worked". However, when analyzing the worker's appeal, the 11th Panel of the TRT/RS considered that there was a misuse of function. "The fact that the complainant does not carry a firearm or does not wear the blue uniform of the 'Centralized Guard' does not detract from the functional deviation. The nature of the function is defined by the activities effectively required of the worker on a daily basis. By assigning the author to the access control and property surveillance guardhouse, the administration imposed on him a responsibility and complexity far greater than that of the street sweeper position", says the case's rapporteur, judge Carmen Izabel Centena Gonzalez. The decision has now become final, meaning there is no further appeal. The process is currently in the calculation phase to define the amounts owed. VIDEOS: Everything about RS
