Minister Gilmar Mendes of the Federal Supreme Court (STF) decided on Monday (14) to suspend all cases in court that discuss the legality of the so-called “”-model in which companies hire professionals as a legal entity to avoid labor charges.
The decision occurs amid the growing number of actions that reach the Supreme Court questioning labor court sentences that have mostly recognized employment in these contracts. Gilmar Mendes criticized what he considers a “repeated refusal” of the Labor Court to follow the jurisprudence of the Supreme Court on the subject.
“The systematic non -compliance with the guidance of the Federal Supreme Court by the Labor Court has contributed to a scenario of great legal uncertainty,” the minister wrote. “This results in the multiplication of demands that reach the Supreme Court, transforming it into practice into a review of labor decisions.”
With the endorsement of the STF plenary, Gilmar obtained the recognition of general repercussion for the theme 1389, which will guide future court decisions on the subject.
Only Minister Edson Fachin opposed the general repercussion, considering that the matter must be tried exclusively by the Labor Court.
Gilmar has a conducive history of the flexibility of forms of hiring. Recently, it was decisive for the end of the demand for a single regime for public servants, by validating a constitutional amendment of 1998.
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MEI growth
The advance of pejotization is related to the growth of the individual microentrepreneur model (MEI), which jumped from 8.5 million in 2019 to 15.8 million by 2024, according to the IRS. The regime is widely adopted by motoboys, technology and health professionals, among others.
By choosing hiring as PJ, the worker is not entitled to benefits from CLT such as 13th salary, vacation and FGTS, but can collect contribution such as MEI and have access to retirement, sick pay and maternity pay. On the other hand, contracts in which there is subordination and fixed journey are often questioned in court as a disguise for employment relationship.
