A luta sindical pelo piso do magistério em Minas Gerais: uma análise da ADI no 1.0000.22.067281-0/000 ajuizada perante o TJ/MG

Abstract

Wage policy is a central theme in trade union mobilizations. However, this issue is best understood by viewing wages as a mechanism for satisfying basic needs within a capitalist framework. This article analyzes the union struggle of teaching professionals in Minas Gerais to secure payment of the statutory wage floor examining both the historical context and, more recently, the Direct Action of Unconstitutionality (ADI) No. 1.0000.22.067281-0/000 filed with the Court of Justice of Minas Gerais (TJ/MG). To this end, the study draws upon the case filings of the aforementioned ADI, reconciling them with the state legislation in question and the broader history of the union movement, in order to analyze the interpretation adopted by the Judiciary. It was observed that, in this case and not only in this one discussions regarding the teaching wage floor reveal a preference for a restrictive interpretation of rights, leading to the erosion of historical gains achieved by the profession. Grounded in the understanding of the Judiciary’s role in upholding fundamental rights, the article proposes a rights-protective approach that aligns with constitutional principles.