Minister Gilmar Mendes, of the Federal Supreme Court (STF), said that “the problem of “pejotização” cannot be resolved in a simplistic way, which was discussed in a public hearing at the Court this Monday, 6. “We have all learned that ready or simple answers to complex problems usually reveal a wrong answer”, he stated at the end of the hearing.
In his final speech, he said that it may be necessary for “different models of labor relations” to coexist at the same time to pacify the issue. “We must identify, recognize and create guidelines for modern transformations that affect the labor market, such as factories that perform different activities and that need to specialize some of them for greater effectiveness, even if this leads to the coexistence of different models of labor relations”.
The minister highlighted issues discussed in the presentations by experts, representatives of civil society entities and public bodies. One of the points suggested throughout the day was “the use of the criterion of hypo and hyper sufficiency, to establish the burden of proof (on labor fraud), prioritizing the autonomy of will”.
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He also highlighted the proposal to create progressive taxation for legal entities to promote greater tax justice and mitigate the risks of financing Social Security and FGTS. Another problem highlighted was the impact of pejotização on tax collection and, consequently, on public policies. “The importance of building objective criteria for identifying and preventing fraud and simulations was highlighted, as well as clearly outlining the limits and responsibilities of supervisory authorities,” said Gilmar.
The process that will define the guidelines for hiring service providers via PJ will be judged with general repercussions, that is, the result must be followed by all instances of Justice. There is still no date for the trial of the action.
In April, Gilmar suspended the processing of all actions requesting the recognition of employment relationships in court until the Court gives a final word on the matter. There are around 34.7 thousand cases suspended awaiting the Supreme Court’s decision, according to data from the Superior Labor Court (TST).
