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STF to adjudicate on the payment of court fees by losing party of employment disputes

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The Federal Supreme Court (STF) shall resume, on October 07, the trial of Direct Action for the Declaration of Unconstitutionality (ADI) 5766, of Reporting Judge Luís Roberto Barroso. The ADI challenges articles of Law 13467/2017, known as Labor Reform, which imposes the responsibility for the payment of court fees to the losing party of employment disputes.

The challenged articles of ADI 5766 are considered responsible for the decrease in employment disputes. According to the Superior Labor Court (TST), there was a decrease of 30% in new disputes in the Labor Court System.

With the trial of ADI 5766, there is an expectation that there could be a new increase in employment disputes, if the articles of Law 13467/2017 are deemed unconstitutional.

Daniel Rangel, lawyer specialized in Labor Law and responsible for Labor Consulting at Drummond Advisors, stresses that “the possibility resumption of new employment disputes should drive companies to enhance compliance practices and measures to prevent employment disputes”.