In two recent decisions, Justice Dias Toffoli of the Federal Supreme Court (STF) overturned labor court rulings in favor of the employment relationship between Rappi and delivery drivers in São Paulo and Minas Gerais. The justice also ordered a "new ruling in the specific case."
The rulings were issued in two complaints: RCL 65.409 and RCL 65.897. In the first, Rappi challenged two decisions: one from the Regional Labor Court of the 3rd Region, in Minas Gerais, and another from the Superior Labor Court (TST). In this case, Toffoli also overturned the TST decision that denied the appeal. The second complaint concerns a complaint from the Regional Labor Court of São Paulo (TRT2).
According to the interpretation of lawyers consulted by JOTA, in both cases, the minister asks that labor courts begin to follow the Supreme Court's precedents that state that outsourcing is lawful, even in relation to the core activity, without having to speak of a direct link due to the illegality of outsourcing, especially that of the self-employed driver.
In his decisions, the justice also notes that an appeal is affected by the Supreme Court's general repercussion system for discussing the matter. He also points out that the Supreme Court has the final say in constitutional disputes.
“Assim, não obstante o princípio da especialidade recomende a incidência da CLT no processo trabalhista, é certo que a sistemática da repercussão geral tem sua regulamentação no CPC [Código de Processo Civil] e deve ser aplicada de maneira isonômica entre os órgãos do Poder Judiciário nacional, por regulamentar a competência do STF para solucionar, como última instância, matéria constitucional dotada de repercussão geral, competindo aos demais órgãos do Poder Judiciário a concretização da tese caso a caso.”
According to lawyers consulted by JOTA, one of the reasons Toffoli may have made this ruling was that some labor courts, such as the TRT-3 in Minas Gerais, have issued new decisions recognizing the relationship without heeding the Supreme Court's rulings. Recently, Justice Cármen Lúcia described as "unjustifiable" the TRT-3's reluctance to apply the Court's understanding when overturning a ruling that recognized an employment relationship between an insurance company and a franchisee (Rcl 65,825).
"It's as if the Supreme Court forced the Superior Labor Court to comply with its case law and not simply rule on the labor case. Justice Toffoli used a different decision-making technique in constitutional complaints, but with the same practical effect," explains Daniel Chiode, a lawyer at Rappi.
Article originally published on March 29, 2024 on the JOTA portal.
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