Labor judges mobilize before STF decides on “pejotization”

It took, but it started. Almost a month after the suspension of the judgment of cases of “pejotization” determined by the Supreme Court Minister (STF), Gilmar Mendes, Brazilian labor judges began a reaction movement. This Wednesday (7), they went in defense of the jurisdiction of the Labor Court to judge the cases, in a public act in front of the Forum of the Regional Labor Court of the 1st Region (TRT-1), in downtown Rio de Janeiro.

“We are seeing a reduction of this jurisdiction through court decisions, without making legislative changes in this regard,” argues the deputy director of prerogatives and rights of the Association of Labor Justice Magistrates 1st Region (Amatra1), Rafael Pazos Dias.

Read more: STF’s uncertainty about “pejotization” can harm companies and workers

According to the director, historically, the Labor Court is dedicated to settle conflicts in the relations between capital and labor. “We need to defend the Labor Court, because without it there are no fundamental rights and the scenario will be setbacks.”

With the measure of the Supreme Minister, the proceedings that run in the work courts on pejotization, which provides for the hiring of self -employed, were paralyzed while awaiting a decision of the Superior Court.

Amatra’s president, Daniela Muller reinforced the need to strengthen the role of labor justice in guaranteeing the rights of society, as provided for in the Inter -American Court of Human Rights.

“In Brazil, by constitutional definition, the Labor Court is competent for this structured analysis in the processes. The emptying of this, in addition to representing a serious setback in social protection, can bring relevant damage to the state itself, including fiscal order, as fraudulent practices also directly affect the collection that supports pension and other public policies,” said Muller.

This Wednesday’s act was part of the national mobilization in defense of the jurisdiction of the Labor Court, initiative coordinated by the National Association of Magistrates and Labor Justice Magistrates (Anamatra), the National Association of Attorneys and Labor Attorneys (ANPT) and the Brazilian Association of Labor Law (Abrat).

Throughout May, the movement promotes actions across the country to alert society to the risks of the STF decision on theme 1389, with general repercussion, which addresses “pejotization”.

Judge Ronaldo Callado, former president of Amatra1 and Anamatra Secretary-General, said he was concerned about the future of the labor judiciary, in the face of the Supreme’s decision that could compromise his performance.

“The tendency is for the scenario to be even more critical if the STF’s decision is effectively corroborated by the Plenary. It is essential that lawyers and the general population are aware, because if we can not use Article 9 of the CLT anymore, nor articles 2 and 3, the law and the Labor Court will be completely emptied,” he said.

The act was attended by 29 legal and union entities. In addition to Amatra1 and Anamatra, the OAB-RJ, the MPT-RJ, the Judges and Judges Association for Democracy (AJD), the Preta Carioca Law (APC), the Institute of Brazilian Lawyers (National IAB), among others.

The mobilization should continue until the STF decides the issue. What Gilmar Mendes himself said that he should only occur in the second half of this year. Hearings with authorities of the Executive and Judiciary Powers are also planned, as well as the disclosure of a technical document prepared by the three national associations involved.