{"id":10832,"date":"2023-11-16T11:13:48","date_gmt":"2023-11-16T14:13:48","guid":{"rendered":"https:\/\/www.ronaldomartins.adv.br\/?p=10832"},"modified":"2023-11-16T11:14:25","modified_gmt":"2023-11-16T14:14:25","slug":"the-contradictions-of-labor-law-with-jurisdictional-reality-and-economic-and-social-freedom","status":"publish","type":"post","link":"https:\/\/www.ronaldomartins.adv.br\/en\/16\/11\/2023\/the-contradictions-of-labor-law-with-jurisdictional-reality-and-economic-and-social-freedom\/","title":{"rendered":"THE CONTRADICTIONS OF LABOR LAW WITH JURISDICTIONAL REALITY AND ECONOMIC AND SOCIAL FREEDOM"},"content":{"rendered":"

Recently, the Federal Supreme Court upheld the labor reform in the part that it validated: 1) outsourcing as a way of contracting work, in a broad sense, whether for middle or end activities; 2) the freedom of negotiation between workers and unions, under the brocade of negotiated over legislated; and 3) the possibility of creating assistance contributions payable by workers, whether unionized or not, to support union negotiations.<\/p>\n

In opposition to this latest assistance contribution, the House Committee on Economic Affairs approved a bill that prohibits union contribution requirements for non-unionized members of economic and professional categories.<\/p>\n

Based on all the discussions about the work relationship and the employment relationship (http:\/\/intra.advonline.com.br\/rm_intranet\/Noticias\/o_esfacelamento_das_rela\u00e7\u00f5es_do_trabalho_e_do_emprego.pdf<\/a>), it would be important to discuss the reality of Brazilian labor legislation.<\/p>\n

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To this end, we bring you some data published by JOTA, in the article published on October 20, 2023. (STF busca solu\u00e7\u00e3o para unificar jurisprud\u00eancia e frear reclama\u00e7\u00f5es trabalhistas – JOTA<\/a>).<\/p>\n

“To illustrate the size of the issue, in a session of the Court’s 2nd Panel last Tuesday (17\/10), Justice Gilmar Mendes presented a survey of the Supreme Court’s case file showing that of the 4,781 complaints filed with the Court this year, 2,566 are classified as “Labor Law” and “Labor Procedure”.<\/p>\n

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Most of the complaints are related to Labor Law and challenge decisions by the Labor Courts that have ruled against companies that contracted workers as outsourced workers or as PJ (sole proprietorship).”<\/p>\n

The most important thing is that the Federal Supreme Court has already established and recognized, through various precedents, the legitimacy and legality of companies contracting workers under employment contracts that differ from those provided for in the Consolidation of Labor Laws. (General Repercussion Theme 725, ADPF 324, ADIN 5.625, RE 958.252).<\/p>\n

But the contradictions don’t stop there. Here is some more data for reflection, in comparison with American legislation, through norms, to support the ongoing debate in Brazil.<\/p>\n

Take a look at the comparison provided by the Oxford group (ana@oxfordusa.com), in a post sent to various interested parties:<\/p>\n

\u201cFor example, in Florida, it doesn’t exist:<\/p>\n