PEC reduz limite semanal, derruba escala 6×1, mantém salário integral e abre uma das maiores disputas políticas entre sindicatos, setor produtivo e Congresso desde a reforma de 2017
A Comissão de Constituição e Justiça (CCJ) do Senado aprovou a Proposta de Emenda à Constituição que reduz a carga máxima de trabalho no país de 44 para 36 horas semanais, sem corte salarial, e elimina a jornada 6×1 como regra geral. A medida, defendida por centrais sindicais há décadas e classificada por empresários como um potencial “terremoto de custos”, abre caminho para uma das votações mais sensíveis do ano no plenário da Casa.
A PEC 148/2015, apresentada pelo senador Paulo Paim (PT-RS) e relatada por Rogério Carvalho (PT-SE), estabelece que a jornada será de até 8 horas diárias e 36 horas semanais, distribuídas em no máximo cinco dias de trabalho por semana. O texto ainda garante dois dias consecutivos de descanso, preferencialmente aos sábados e domingos — o que, na prática, desmonta o regime de seis dias de trabalho por apenas um de folga, predominante no comércio e em setores de baixa renda.
O relator defendeu que a mudança “corrige distorções históricas” e aproxima o Brasil de padrões internacionais de bem-estar laboral. Segundo Carvalho, experiências citadas em debates promovidos pela própria CCJ desde 2015 indicam ganhos de saúde física e mental, além de potencial de geração de empregos, já que empresas teriam de contratar mais pessoal para cobrir as horas reduzidas.
A transição será progressiva. No primeiro ano após eventual promulgação, o limite cai para 40 horas semanais. A partir daí, a carga será reduzida em uma hora por ano até alcançar as 36 horas estipuladas, em um período de quatro a cinco anos — sempre com preservação integral dos salários, fixada diretamente na Constituição.
A oposição, porém, contestou tanto o mérito quanto o rito. Parlamentares criticaram o que chamaram de “votação relâmpago”, ocorrida em item extra-pauta às vésperas do recesso. Entidades empresariais também reagiram. Representantes do setor produtivo alertam para o impacto financeiro imediato, afirmando que a PEC ignora diferenças entre ramos de atividade e deveria ser tratada em convenções coletivas, e não no texto constitucional.
Mesmo com resistências, o avanço da proposta representa um marco. Desde a reforma trabalhista de 2017, raras iniciativas de amplitude constitucional conseguiram avançar sobre temas sensíveis como carga horária, distribuição de folgas e remuneração.
Com a aprovação na CCJ, a PEC segue agora para o plenário do Senado, onde precisará de três quintos dos votos em dois turnos. Se aprovada, seguirá à Câmara dos Deputados, repetindo o mesmo rito antes de poder ser promulgada e reescrever de forma definitiva a organização da jornada de trabalho no país.
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