Porto Alegre Labor Court Rules Gari Performed Municipal Guard Duties
A labor court in Porto Alegre, Brazil, has recognized that a municipal street sweeper was performing the duties of a municipal guard and has ordered back pay for the salary difference. The worker was originally hired as a street sweeper in 1984. Between 2017 and 2020, he was assigned to control access for people and vehicles at the entrance of a municipal authority's headquarters. He voluntarily resigned in 2023. In 2025, he filed a lawsuit seeking recognition of a functional deviation, claiming he was performing surveillance activities reserved for municipal guards. The municipal authority contested this, but the Labor Public Prosecutor's Office supported the street sweeper's claim. Initially, a lower court ruled against him, stating he did not engage in typical guard activities like patrolling, wearing a uniform, or carrying a weapon. However, the 11th Labor Appeals Court of the 4th Region (TRT-4) overturned this, finding that his role in controlling access and performing patrimonial surveillance involved responsibilities and complexities far exceeding those of a street sweeper. The court emphasized that the nature of the function is determined by the actual daily tasks performed. This decision is final and non-appealable, and the case is now in the calculation phase to determine the exact amount owed.
This case highlights a common issue in public sector employment where job roles may evolve beyond their original descriptions, potentially leading to wage disparities. The court's decision emphasizes that the actual duties performed, rather than formal titles or lack of specific equipment like uniforms or weapons, should define a worker's function. This ruling could incentivize public entities to more accurately classify and compensate employees whose responsibilities expand, ensuring fair labor practices. It also raises questions about the adequacy of internal job classification and oversight mechanisms within municipal structures to prevent such discrepancies from arising in the first place, particularly as urban management functions become more complex.
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