Simple response to complex problem is wrong, says Gilmar about pejotization

Minister Gilmar Mendes of the Federal Supreme Court (STF) said that “the problem of“ pejotization ”, which was discussed at a public hearing on Monday, 6, cannot be solved in a simplistic way.“ We have all learned that ready or simple answers to complex problems usually reveal a wrong response, ”he said at the end of the audience.

In his final speech, he said that “different models of labor relations” may be necessary to live at the same time to pacify the issue. “We must identify, recognize and create guidelines for modern transformations that affect labor market, such as the example of factories that perform various activities and that need to specialize some of them for greater effectiveness, even though it gives the coexistence of different models of labor relations.”

The minister highlighted matters discussed in exhibitions of experts, representatives of civil society entities and public agencies. One of the points suggested throughout the day was “the use of the hypo and hyper sufficiency criterion, to set the burden of proof (about labor fraud), favoring the autonomy of will”.

He also highlighted the proposal to create a progressive taxation for legal entities to promote greater tax justice and mitigate the risk of social security and FGTS financing. Another problem punctuated was the impact of pejotization on tax collection and, consequently, on public policies. “It was stressed the importance of building objective criteria for identifying and preventing fraud and simulations, as well as to clearly outline the limits and responsibilities of the supervisory authorities,” said Gilmar.

The process that will define the beacons for hiring service providers via PJ will be tried with general repercussion, that is, the result must be followed by all instances of justice. There is no date yet to judge the action.

In April, Gilmar suspended the processing of all actions that ask for the recognition of employment in court until the Court gives a final word on the subject. There are about 34,700 suspended cases awaiting the definition of the Supreme, according to data from the Superior Labor Court (TST).