The Superior Labor Court (TST) must decide on the collection of social security contributions before the Supreme Federal Court (STF).

The Superior Labor Court (TST) is preparing to rule on rules that will limit the collection of social security contributions from non-union workers, even before the Supreme Federal Court (STF). This contribution was deemed constitutional by the STF in 2023, with the condition that workers have the right to object. However, the specific rules for this opposition have not been detailed, and this is where the TST is focusing its efforts. The TST's Specialized Section for Collective Disputes is conducting an Incident for the Resolution of Repetitive Demands (IRDR) to establish the method, time, and place for opposing the contribution.
 
Attorney Daniel Domingues Chiode, partner at Chiode Minicucci Advogados Littler, emphasizes that the Superior Labor Court (TST) decision should make the discussion more objective. He believes that while the Supreme Federal Court (STF) rules on constitutionality, the Superior Labor Court (TST) addresses the specifics that may be unknown to the Supreme Court justices. Chiode asserts that the decision should cease to be a subjective conflict of interest and become a matter of interest to society as a whole, becoming an objective thesis. The debate also involves the possibility of in-person or online opposition, with employers' and workers' unions presenting differing views on the best method to ensure workers' opposition.
 
The president of the General Workers' Union (UGT), Ricardo Patah, also mentioned that the unions are preparing to jointly address the TST's IRDR, drafting a document with rules they consider relevant to the right to object. The discussion on social security contributions and the right to object remains a central topic in labor negotiations, with significant implications for the sustainability of unions following the 2017 labor reform.
 
This article was originally published on May 10, 2024, on the Folha de S.Paulo website. To access the article, click here. link.