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Trabalho em feriados: governo adia regra polêmica pela 4ª vez e setor cobra fim da incerteza

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Entidades do Setor Produtivo reforçam pedido de revogação imediata da medida, que impõe restrições ao comércio e afeta renda de trabalhadores

POR LÍVIA BRAZ – AGÊNCIA BRASIL 61 (agenciadoradio@agenciadoradio.com.br)

O Ministério do Trabalho e Emprego anunciou na última terça-feira (17) o quarto adiamento da entrada em vigor da Portaria nº 3.665/2023, que restringe o trabalho em feriados no Setor do Comércio. A nova data foi prorrogada para 1º de março de 2026, após negociações com lideranças políticas e pressão crescente de Entidades do Setor Produtivo.

A medida — que exige Convenção Coletiva para autorizar o funcionamento do comércio nessas datas — é alvo de fortes críticas por parte de Associações Empresariais. Para a Confederação das Associações Comerciais e Empresariais do Brasil (Cacb), os sucessivos adiamentos da norma geram insegurança jurídica e dificultam o planejamento de empresários e trabalhadores em todo o país.

A Confederação das Associações Comerciais e Empresariais do Brasil, que representa mais de 2.300 Associações Comerciais, cobra a revogação imediata da Portaria. Segundo o presidente da Entidade, Alfredo Cotait, a regra interfere na autonomia dos trabalhadores, restringe o comércio em datas estratégicas e prejudica a geração de renda.

“É um retrocesso. Exatamente nos domingos e feriados que os nossos comerciantes, de várias atividades, têm os seus melhores dias para fazer as vendas. Estão todos necessitados de gerar mais renda e vender os seus produtos”, afirmou Cotait.

Além de ferir a liberdade econômica, a Confederação das Associações Comerciais e Empresariais do Brasil sustenta que a Portaria é inconstitucional, por limitar atividades essenciais sem respaldo legal adequado, como explica o vice-presidente jurídico da Confederação das Associações Comerciais e Empresariais do Brasil, Anderson Trautman. 

“Veja a quantidade de surpresas, de dificuldade que temos para uma estabilidade de normas do Brasil. Entendemos que a portaria tem, inclusive, vícios de legalidade e seria passível de questionamento judicial. Mais uma prorrogação não nos traz estabilidade, precisamos que seja revogada”, reafirmou Trautman. 

O que diz a Portaria

A decisão representa mais um recuo do Governo diante da pressão de empresários e parlamentares. Editada em novembro de 2023, a Portaria nº 3.665 determina que estabelecimentos como supermercados, farmácias, lojas e shoppings só poderão funcionar em feriados mediante autorização em Convenção Coletiva de Trabalho — ou seja, com aval formal de Sindicatos.

Ao anunciar o novo adiamento, o ministro do Trabalho, Luiz Marinho, afirmou que o Governo busca dar mais tempo para a consolidação de um acordo.

“Mantendo o diálogo, e após conversar com o presidente da Câmara dos Deputados e com as lideranças, decidi prorrogar a Portaria, garantindo um prazo técnico para consolidar as negociações”, disse o ministro.

A nova data foi publicada no Diário Oficial da União da quarta-feira (18). Enquanto isso, o setor produtivo segue em alerta e reforça que, mais do que prorrogar, é preciso revogar a regra para restaurar a previsibilidade no ambiente de negócios.

Foto: Reprodução Rovena Rosa/Agência Brasil

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