Ministers have been accumulating decisions to release contracts other than those planned
\nin the CLT (Consolidation of Labor Laws), according to a survey by the group of
\nWork and Development research at FGV Direito SP.<\/p>\n
Monocratic decisions on outsourcing, pejotization and uberization show the
\nrecurrence of the debate. The speed with which the ministers judge also calls for
\nattention.<\/p>\n
According to the FGV survey, 15.7% of constitutional complaints \u2014
\ninstrument used to overturn a lower court decision that
\nallegedly violates STF precedents\u2014 receive a single-judge decision in
\nsame day or, at most, the day after the arrival of the case that questions forms
\nof hiring.<\/p>\n
Because these are complaints, the analysis tends to be faster, but on a specific topic.
\nlabor, agility is even greater. When dealing with other topics, only
\n6.29% of cases were tried in the same period.
\nThe unpublished data, to which Folha had access, are part of the second stage of the
\nresearch \u201cOutsourcing.\u201d<\/p>\n
Ministers have been accumulating decisions to release contracts other than those planned
\nin the CLT (Consolidation of Labor Laws), according to a survey by the group of
\nWork and Development research at FGV Direito SP.<\/p>\n
Monocratic decisions on outsourcing, pejotization and uberization show the
\nrecurrence of the debate. The speed with which the ministers judge also calls for
\nattention.<\/p>\n
According to the FGV survey, 15.7% of constitutional complaints \u2014
\ninstrument used to overturn a lower court decision that
\nallegedly violates STF precedents\u2014 receive a single-judge decision in
\nsame day or, at most, the day after the arrival of the case that questions forms
\nof hiring.<\/p>\n
Because these are complaints, the analysis tends to be faster, but on a specific topic.
\nlabor, agility is even greater. When dealing with other topics, only
\n6.29% of cases were tried in the same period.
\nThe unpublished data, to which Folha had access, are part of the second stage of the
\nresearch \u201cOutsourcing and Pejotization in the STF: analysis of complaints.<\/p>\n
According to the study of Ol\u00edvia Pasqualeto, Ana Laura Barbosa and Laura Fiorotto,
\nministers issue a decision within five days in 33.19% of complaints
\non recognition of employment relationships. In general cases, the rate drops to
\n21,27%.<\/p>\n
Almost half (48%), of a total of 167 decisions, between January and August of the year
\npast, overturned the understanding of the Labor Court \u2014a number
\nconsidered high.<\/p>\n
According to Barbosa, the high volume of complaints about employment relationships (12.66%
\nof the total, in 2023) and the organization of work in the court offices are hypotheses
\nto explain the greater speed of analysis.<\/p>\n
\u201cSince there are many cases, they end up being judged more quickly. So, the
\nvolume pode contribuir para isso [tempo mais curto para julgamento], pensando
\nin an office organization that seeks to optimize work further,\u201d he says.<\/p>\n
The Uberization of work will have its debate expanded in the Supreme Federal Court. For the first time, the
\nthe court's plenary will decide on the matter. The trial was scheduled for this
\nThursday (8), but it did not happen. The expectation is that the case will return to the agenda in
\nThursday (21), but the date is not defined.
\nThe topic to be addressed by the collegiate brings as a backdrop, according to
\nexperts interviewed by Folha, the legality of contracts beyond the signed contract,
\nprovided for in the CLT.<\/p>\n
The specific case to be judged is that of a Rappi driver, who had a bond of
\nemployment recognized in the labor sphere.
\nThe rapporteur, Minister Alexandre de Moraes, suspended the process and, in another
\ncomplaint, filed by Cabify, had already denied the work permit and sent the
\naction to the ordinary courts. The First Panel, unanimously, overturned the
\nlabor decision.<\/p>\n
In common, ministers use similar grounds to overturn a decision of
\nlower court. In addition, they resort to precedents, which, together, show
\nwhat other contracts are allowed.<\/p>\n
Among them are court decisions that reaffirm contracts in road transport.
\nwithout employment relationship, authorize outsourcing in any activity and
\nconsider any other form of division of labor lawful.<\/p>\n
For Pasqualeto, the ministers make an expanded interpretation of the jurisprudence,
\nand states that the specific case under analysis at this time is more important than the
\ntime taken in the trial.<\/p>\n
Lawyer Mayra Pal\u00f3poli, partner at Pal\u00f3poli & Albrecht Advogados, highlights the
\nprecedents of the Supreme Federal Court. "These decisions may be moving more quickly
\nbecause there is already a conviction, there is already a firm decision.\u201d<\/p>\n
According to her, who defends companies that contest the recognition of a link in
\ncase of pejotization, the court's decision in the case of uberization may reinforce the
\nunderstanding the legality of other contracts.<\/p>\n
\u201cWe have great legal uncertainty regarding this matter. In our understanding
\nbroader, this would also be used for all other segments that use
\ndifferent forms of hiring, such as outsourcing, pejotization and self-employment,\u201d he says.
\nThis history of decisions increases the expectation of victory in the STF plenary session in
\nRappi case, says Daniel Domingues Chiode, partner at the Chiode law firm
\nMinicucci | Littler, who represents the app in the lawsuit.<\/p>\n
Chiode is responsible for other processes in which he defends companies
\napplication. According to him, the arguments he presents to the ministers are all with
\nbased on decisions already taken by the STF.<\/p>\n
"We are confident in what the Supreme Court has already decided. I did not present a thesis
\ninnovative, I brought together everything the Supreme Court had already decided in a single thesis,
\nmostrando que a Justi\u00e7a do Trabalho n\u00e3o est\u00e1 respeitando [precedentes]”, diz.
\nThe lawyer recognizes that there is a legislative vacuum in Brazil regarding the activity of
\napp driver, but for him, the lack of regulation does not lead to a
\nautomatic registration relationship in the work card. \u201cIt is a civil contract,\u201d
\nstates.
\nThe lawyer's thesis gained strength after the PGR (Attorney General's Office)
\nchange its position on the apps. Previously, the PGR believed there was a link
\nemployment by the CLT, now talks about self-employment.
\nIn a note, Rappi states that the discussion will be \u201can important signal\u201d for
\ndigital platforms, bringing legal security and ensuring \u201ccontinuity of this
\neconomic sector\u201d.<\/p>\n
Article originally published on February 9, 2024, on the Folha de S. Paulo website.<\/em><\/p>","protected":false},"excerpt":{"rendered":" Os ministros v\u00eam acumulando decis\u00f5es para liberar contratos distintos do previsto na CLT (Consolida\u00e7\u00e3o das Leis do Trabalho), segundo levantamento do grupo de pesquisa Trabalho e Desenvolvimento da FGV Direito SP. Decis\u00f5es monocr\u00e1ticas sobre terceiriza\u00e7\u00e3o, pejotiza\u00e7\u00e3o e uberiza\u00e7\u00e3o mostram a recorr\u00eancia do debate. A rapidez com que os ministros julgam tamb\u00e9m chama a aten\u00e7\u00e3o. Segundo […]<\/p>","protected":false},"author":1,"featured_media":6127,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[116],"tags":[],"class_list":["post-6126","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-na-midia"],"acf":[],"featured_image_src":{"landsacpe":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/f31cb15a276d3c036b21629d58c5aa58-600x445.jpg",600,445,true],"list":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/f31cb15a276d3c036b21629d58c5aa58-463x348.jpg",463,348,true],"medium":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/f31cb15a276d3c036b21629d58c5aa58-300x300.jpg",300,300,true],"full":["https:\/\/chiode.com.br\/wp-content\/uploads\/2025\/07\/f31cb15a276d3c036b21629d58c5aa58.jpg",600,600,false]},"_links":{"self":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/comments?post=6126"}],"version-history":[{"count":2,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6126\/revisions"}],"predecessor-version":[{"id":8329,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/posts\/6126\/revisions\/8329"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/media\/6127"}],"wp:attachment":[{"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/media?parent=6126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/categories?post=6126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chiode.com.br\/en\/wp-json\/wp\/v2\/tags?post=6126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}