Just cause for gambling during working hours: legal analysis and consequences
The recent decision by the Regional Labor Court of the 2nd Region (TRT-2), which confirmed the dismissal for just cause of an employee caught gambling during working hours, is a strong reminder of the importance of ethics and responsibility in the workplace.
Analysis of the STF decision on outsourcing and recognition of employment relationships
Recently, Minister Cármen Lúcia, of the Federal Supreme Court (STF), overturned a decision by the 58th Labor Court of São Paulo that recognized the employment relationship between a driver and the company ETM Transporte e Logística Eireli.
The first instance decision had considered the service provision contract entered into between the company and the driver through a legal entity to be invalid, contradicting the understandings consolidated by the STF on the legality of outsourcing.
Recognition of employment relationship: STF suspends proceedings throughout the country
The Federal Supreme Court (STF) has ordered the suspension of all ongoing proceedings in the country that discuss the recognition of employment relationships in service provision contracts.
The decision was made in Extraordinary Appeal with Appeal No. 1,532,603, which discusses the legality of hiring self-employed workers or those hired through a legal entity, the jurisdiction of the Labor Court in these cases and the burden of proof regarding the allegation of fraud.
The measure aims to ensure uniformity of decisions and legal certainty, and remains valid until the final judgment on the matter.
The impacts of Tax Reform on the real estate sector
Our partner, André de Ataide, gave an interview to the Mídia Oficial portal to comment on the main impacts of the Tax Reform on the real estate sector, focusing on the new rules brought by Complementary Law No. 214/2025.
CVM publishes new Resolution that simplifies the debenture issuance process
On March 6, 2025, the Brazilian Securities and Exchange Commission (CVM) published CVM Resolution 226, which implements regulatory adjustments to simplify debenture issuance, incorporating changes to the Legal Framework for Guarantees (Law 14,711/2023). Key innovations include the elimination of the requirement to register the deed of issuance with the commercial registry, the definition of new procedures for the disclosure of corporate acts, and the CVM's monitoring of debenture spin-offs. Furthermore, deadlines were standardized and rules for fiduciary agents and public offerings conducted through crowdfunding platforms were updated. This measure aims to reduce costs and bureaucracy, promoting the growth of corporate credit in the capital markets.
TST recognizes caregiver's default due to nine-minute delay in virtual hearing: the importance of punctuality in judicial proceedings
The Superior Labor Court (TST) upheld a decision recognizing the default of an elderly caregiver due to a nine-minute delay in entering a virtual evidentiary hearing, resulting in the application of a fictitious confession in favor of the opposing party. The decision reinforces that punctuality is essential in virtual hearings, as per article 844 of the Consolidation of Labor Laws (CLT), which provides for default in the event of the claimant's absence. Although case law has relaxed minimum delays in some cases, the TST strictly followed the law, emphasizing the importance of strict adherence to timetables. The recommendation for workers and lawyers is to arrive at hearings at least 15 minutes early to avoid setbacks and procedural losses.
Ash Wednesday: Holiday, Optional Day Off or Normal Day? Learn How to Manage Working Hours in Your Company
Ash Wednesday: How can your company manage the workday?
Registration with the Commercial Board and the rural producer's eligibility for judicial recovery
The Superior Court of Justice (STJ) ruled in Topic 1145 that rural producers can file for judicial recovery even if they have recently registered with the Board of Trade, provided they can prove they have been operating for at least two years. This decision expands access to the benefit, allowing the period of activity prior to registration to be considered. If you are a rural producer facing difficulties, judicial recovery may be the solution to restructure your debts and maintain your production!
Union Leader and Just Cause: Understand the Process and Protect your Company
A tire manufacturer was convicted of granting financial benefits to employees who did not join a strike, constituting an anti-union practice. The ruling reinforces that labor law protects the right to strike and prohibits any form of discrimination or retaliation by the employer. Financially incentivizing non-participation in a strike movement can result in severe penalties, such as collective moral damages and administrative sanctions.
Our office has extensive experience and is prepared to guide your company in decision-making and implementation of good labor and union relations practices.
Large Retailer Sentenced for False Information about Interest Rates
Uma recente decisão do TRT-15 condenou uma grande varejista por práticas antiéticas, incluindo assédio moral e informações falsas sobre juros em compras parceladas. O caso reforça a importância de um ambiente de trabalho ético e canais de denúncia eficientes.
Com as atualizações da NR-1 para 2025, que incluem a gestão de riscos psicossociais, sua empresa deve:
Reforçar os canais de denúncia.
Realizar treinamentos contínuos.
Monitorar riscos ocupacionais.
#Compliance #NR1 #ÉticaCorporativa #DireitoTrabalhista #GestãoDeRiscos