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.
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?
In an interview with Estadão, our partner in the tax area comments on changes in taxes and what to expect in the coming years
Last Saturday, July 6th, partner André Martins gave an interview to the newspaper ESTADÃO, addressing the expected impacts on companies as a result of the tax reform. André emphasized immediate precautions, such as reviewing long-term contracts, as one of the measures that companies have been adopting to neutralize the impacts of the reform. To […]
Possibility of Extrajudicial Compulsory Adjudication
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* In order to ensure greater legal security for the purchase, sale and registration of real estate, the legislator chose to adopt a legal mechanism that allows the registration of real estate even if it is not accompanied by all the required documentation: compulsory adjudication. It is common for […]
Sanctioned Law making November 20th (Black Consciousness) a national holiday by the President of the Republic
By Fabiana Aparecida da Silva President Luiz Inacio Lula da Silva sanctioned this Wednesday (21) the law that makes November 20 a national holiday, after the bill presented by the black bench of the Chamber was approved by the National Congress. The date was already considered a holiday in some cities and states, […]
STJ excludes ICMS-ST from the PIS and COFINS calculation bases
In November, the Supreme Federal Court (STF) heard ADIs 7,066, 7,070, and 7,078, which discussed the correct timing for states to collect ICMS-Difal. The issue was well-known among taxpayers, many of whom appealed to the courts to avoid collection of the tax […]
MTE Ordinance brings new rules and requires attention to detail
By Rafael Mello and Israel Cruz The Ministry of Labor and Employment (MTE) published Ordinance 3,784 MTE, effective January 2, 2024, introducing significant changes to labor legislation. This ordinance revises and updates Ordinance 671 MTP of 2021, covering important aspects of labor inspection. One of the main changes […]