The application of employment reform in Brazil, which was implemented in 2017, during the era of the Michel Timier government, still generates differences and legal insecurity, according to the lawyer. Antonio Galvo PerezPhD in Labor Law from the University of São Paulo (USP). It indicates that even after about eight years of reform, there are still many differences in his interpretation.
Perez notes that one of the main points of the discussion is the issue of the use of external sources, a subject that is taken in both the work reform and in a decision of the Supreme Federal Court (STF) in the work of the basic compliance of the basic principle 324 (ADPF 324). In this procedure, the Supreme Court realized the legality of the use of external sources in the basic activity, which paves the way for new forms to include the worker in the market.
The lawyer also emphasizes a structural problem in the Brazilian labor law: “The game of everything or nothing.” According to him, “or the worker falls into the personality of the employee and has all CLT protection (unifying labor laws), or outside this protection.”
According to work lawyer, other countries have already realized the need to redistribute legal protection, and to expand some rights to workers who, although they are not followers, have some dependence on service stores.
The lack of intermediate protection methods in Brazil ends with pressure on the judges to recognize employment narratives to ensure the protection of workers, and contribute to “judicial activity”.
Constitutional complaints and excess pregnancy STF
Another point highlighted by Peres is the increase in constitutional complaints at STF. This is because after the Supreme Court’s decision at ADPF 324, the possibility of bringing the STF directly as the lower cases judges face the understanding signed by the Supreme Court.
This position, according to the expert, has increased STF download with constitutional complaints at work, as recognized by Minister Gilmar Mendes himself. The scenario highlights the complexity of the application of employment reform and the need to coordinate between different cases of the judiciary to ensure greater legal certainty in the business relations in Brazil.
