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Federal Supreme Court will judge the validity of a rule that limits or restricts labor law

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By Daniel Rangel

On the Federal Supreme Court (STF) docket of June 17, 2021, analysis of the subject 1046 is expected, which will define whether Collective Bargaining Conventions, or Collective Bargaining Agreements, can restrict or limit a labor right that is not constitutionally guaranteed.

The leading case, ARE 1121633, had overall repercussions in 2019 when the STF considered the discussion on the validity of collective labor norms that reduce labor rights constitutional.

It is also hoped that in their judgment, the STF will be able to establish a position on the so-called “legislated negotiations”, inserted by the 2017 Labor Reform, which establishes the prevalence of the Collective Bargaining Convention, or Collective Bargaining Agreement over the law.

In summary, the Supreme Court will judge whether a negotiation with the workers union (from civil construction, private security and any other categories) can modify labor rights that are provided for by law, but not guaranteed in the Federal Constitution.

Drummond Advisors will be following the ruling of the case by the STF in order to guide our clients and partners.