LIMITS ON OPTIONAL CONSIGNMENTS AND VIOLATION OF FREEDOM OF ASSOCIATION: ANALYSIS OF THE UNCONSTITUTIONALITY OF DECREE No. 741/2023 OF THE MUNICIPALITY OF JUAZEIRO/BA

Abstract

This article examines the unconstitutionality of Municipal Decree No. 741/2023 of Juazeiro/BA, which establishes percentage limits on optional payroll deductions for civil servants, under the justification of combating over-indebtedness, but which results in a violation of union autonomy (Art. 8, IV, CF/1988). Through a review of the literature and documentary research, focusing on Writ of Mandamus No. 8011579-35.2023.8.05.0146, filed by the Union of Municipal Civil Servants of Juazeiro (SINSERP), we analyze how the decree exceeds municipal regulatory power, lacking formal law to support it. The results highlight the granting of security by the Bahia Court of Justice in May 2025, reforming the first-instance decision, and show impacts on SINSERP's financial management and the sustainability of collective benefits, such as health and dental plans, as well as ensuring the sustainability of SINSERP's activities. Despite the annulment of the decree, the study notes the absence of effective public policies in Juazeiro/BA to contain the over-indebtedness of civil servants, perpetuating the cycle. It concludes that there is a need for specific municipal legislation, reconciling protection of the minimum subsistence level and union rights, with recommendations for future research on debt prevention.