On May 1, 2025, a worker, I would like to remember what you have done for you in recent years.
The 1988 Constitution guaranteed, in article 7, rights such as minimum wage, vacation, tenth, maternity leave, accident protection, prohibition of discrimination. Result from the cornerstone of labor law: the employment relationship, which presupposes subordination and continuity.
To empty the Constitution without changing the text of the Constitution, the court premiered you, a worker, with the gradual elimination of elementary guarantees of your economic life. And encourages fraud to the concept of “employment relationship”.
In your day, worker, it is worth remembering ten awards granted to you:
1. The Supreme Court invented the prevalence of negotiation on the law. Boss and employee can enter a. Allowed this asymmetrical agreement to have any civil contract treatment. Labor law becomes optional.
2. It also invented the prevalence of the contract on reality. If the worker signed a role, but in reality he practices different activities from the agreed, what was written prevails.
3. The Supreme Court has expanded outsourcing concept provided for in. The law defined requirements such as autonomy in the provision of outsourced services. Were abolished.
4. The Supreme Court has equipped outsourcing, in which certain rights are still left, in which the worker becomes a company. And eliminated the isonomy between outsourced workers and employees.
5. The burden of proving that the Public Administration did not supervise contracted companies.
6. Towards the premodern era, the STF allows civil law to regulate labor relations. And see: With the proposal of reform of the Civil Code, this relationship may even lose the protection of the civil contract (such as the balance of the contract, good faith and the premise of cooperation between the parties), and becoming a new figure, the “business contract”.
Now you are an entrepreneur, worker. Their relationships are of equal to equal.
7. The Supreme Court has released large corporations like Uber and IFood to hire this entrepreneur with himself without labor or social security liability.
8. The Labor Court became, by the art of the Supreme Court, justice to be combated, not perfected. And even if there is no constitutional controversy.
9. If it aims to recognize employment, worker, the Labor Court door has been closed.
10. For the working-entrepreneur woman, the STF has just and against harassment. Horizontal relationship, after all, there is no harassment.
All business escape business strategies were validated by the Supreme Court. And to make it clearer which side they are, court ministers attend lobbyal meetings with companies willing to sponsor meetings inside or outside the country.
Meanwhile, the STF minister, this individual entrepreneur of monocratic decisions, requests for sight, unimpeded from judging causes of his, disappointed relatives, detached from decorum and impartiality rituals, rejects all regulation of his work regime. A unique job.
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