The National Confederation of Trade Workers (CNTC) released on Wednesday, 16, a note of repudiation of the decision of Minister Gilmar Mendes of the Supreme Court (STF), which suspended all the cases dealing with the so-called “pejotization” of workers.
The entity also repudiated the STF’s decision that recognized the general repercussion of the subject.
From the general repercussion, the Court will standardize the treatment given by the court to these cases, which is seen by the entity as an attack on the Labor Court.
Currently, the labor judges are responsible for analyzing, when provoked, whether the service contracts by legal entity (PJ) or self -employed are being used to mask a formal work relationship – that is, whether or not there is a fraud.
The suspension of the processes, for the entity, “configures an attempt to create a judicial superpower, which disregards the specialized role of labor justice in the careful analysis of each specific case.”
The limitation of this competence, according to the CNTC, allows “the advancement of fraudulent practices, such as pejotization”, and promotes “legal insecurity, precariousness of labor relations and fragization of the democratic social pact”.
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For the entity, “it is unacceptable that the Supreme Court, which should be the guardian of the Federal Constitution, contributes to the deregulation of work and ignore Article 114 of the Constitution, which clearly establishes the competence of labor justice to judge labor relations.”
“Unrestricted pejotization represents, for the Brazilian working class, the destruction of the constitutionally foreseen employment, wide open the door for precarious hiring, without guarantees, without rights and without dignity,” says the CNTC.
The theme, as the Broadcast (Real -time news system of the State Group), has caused friction between the Supreme and the Labor Court. While labor judges have been recognizing employment of PJs, with the consequent condemnation of contracting companies to bear the obligations of the CLT, the Supreme has overthrown these decisions under the justification that the Court has already allowed the outsourcing of companies’ core activities in 2018. For the majority of the Court, the Constitution admits alternative employment contracts to the CLT.
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The suspension of the proceedings is worth the Supreme Court judge the subject with general repercussion, which has nothing to happen yet.