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Labor Issues at The Federal Supreme Court

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In August 2021, the Supreme Federal Court brought many expectancies regarding their judgment on labor matters in the Court. Issues such as the ultra-activity of collective regulations and the validity of a collective regulation that limits or restricts workers’ rights are still pending judgment by the STF.

As for the ultra-activity of collective regulations (ADPF 323), which discusses Precedent 277 of the Superior Labor Court and the maintenance of the validity of a collective agreement until a new negotiation takes place, the STF began the judgment on this matter on 08/04/2021. So far, the minister rapporteur Gilmar Mendes and ministers Nunes Marques, Alexandre de Moraes and Roberto Barroso have voted in favor of the unconstitutionality of ultra-activity. Justices Edson Fachin and Rosa Weber dissented from the rapporteur’s vote.

The ADF 323, however, had its judgment suspended due to a request from Justice Dias Toffoli and there is still no expected date for a new judgment.

As for the discussion on the validity of collective norms that limit or restrict labor rights not provided for in the Constitution (item 1046), the STF had also rescheduled its judgment for 08/04/2021, but has not started said judgment. There is no forecast for when the topic will be ruled on.

Although the STF has not finalized its judgments, collective agreements have currently been a great option for companies seeking to adjust working conditions, in order to adapt to the Covid-19 pandemic – whether in the cases of home office work, hybrid regimes, or an in-person return.

Drummond Advisors is monitoring the STF judgements and our specialists are ready to answer any questions.


Written by Daniel Rangel, Head Of Labow Law at Drummond Advisors