Gilmar says that it is necessary to regulate ‘pejotization’ by ‘fair and soft transitions’

Minister Gilmar Mendes of the Federal Supreme Court (STF) said on Monday that the regulation of the so-called “pejotization” is necessary to “ensure fair and soft transitions” in the labor market. For Gilmar, it is necessary to define how to take advantage of innovation without allowing “setbacks”.

The speech was made at the beginning of a public hearing on the subject. Gilmar is a rapporteur of an action that discusses the validity of pejotization, which occurs when there is the hiring of an autonomous worker or legal entity for the provision of services.

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For the minister, the labor market has “forced the bar” to sign PJ contracts

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For Messiah, the legality of the legal entity contract (PJ) itself is not under discussion, but the “pejotization” as a way to mask an employment bond

– The complexity of the theme requires an understanding of how innovation can be incorporated without setbacks, but also without the illusion that legislation can stop the course of history or preserve relationships that have already been reconfigured. Our task is to think about how to ensure fair and gentle transitions, fostering the economy and allowing free initiative and new forms of work to effectively promote development, with the dignity of the human person – declared the minister.

In April, Gilmar ordered the suspension of all processes involving pejotization until the Supreme Court judges the subject. The public hearing serves as the basis for this trial, which has no date yet to happen.

This Monday, Gilmar explained that the action involves three discussions:

• the jurisdiction of the Labor Court to judge the proceedings that are discussed whether there was fraud in the service contract,
• the validity of the contracting of an autonomous worker or a legal entity for the provision of services
• the definition of who should prove the breach of the rules, the worker or the contractor

The speeches of 48 exhibitors at the hearing, including representatives of the Ministry of Labor, the Attorney General’s Office (PGR) and the Labor Prosecutor’s Office, among others are foreseen.