The Attorney General of the Republic, Paulo Gonet, sent an opinion to the Federal Supreme Court (STF) favorable to the pejotization of labor relations.
Gonet also spoke out last Wednesday (4) in favor of the competence of the common courts to analyze the validity of contracts between service providers and companies, that is, to assess whether there was fraud to avoid the payment of duties. Currently, actions challenging fraud in pejotization hiring go straight to the labor court.
The demonstration was motivated by the process in which the Court will decide on the legality of pejotizationa term used to characterize the hiring of workers as legal entities (PJ) by companies, instead of signing the employment card. The form of hiring is seen as fraud to avoid paying labor rights.
According to Gonet, the STF has already validated the pejotization and understood that this type of hiring, in itself, does not constitute labor fraud.
When expressing his opinion on the competence to judge the validity of contracts, the attorney general argued that the Labor Court should only be activated if the contract is annulled by the common court.
“The opinion is for the recognition of the constitutionality of contracting through alternative forms distinct from the traditional employment relationship, as well as the competence of the common courts to decide on the existence, validity and effectiveness of civil/commercial contracts for the provision of services”, stated Gonet.
Last year, minister Gilmar Mendes, rapporteur, suspended all actions on the issue that are being processed in the country.
The processes will only be processed again after the Court’s decision on the legality of pejotization. The trial date has not yet been set.
*Brazil Agency
