Developments of Provisional Measure 936 of 2020: Decision on Statement of Clarification in ADI 6,363
By Rafael Mello and Israel Cruz – 04/14/2020 As previously reported in a previous news item[1], a preliminary injunction was granted by Minister Ricardo Lewandowski of the Federal Supreme Court (STF) in the direct unconstitutionality action 6,363 filed by the Rede Sustentabilidade party to determine the interpretation of MP 936/2020 in accordance with the Federal Constitution, in the following terms: But the mere prediction, […]
Developments of Provisional Measure 936 of 2020: preliminary decision by the Federal Supreme Court and the need for unions to not oppose individual agreements with workers
By Rafael Mello and Israel Cruz – 04/07/2020 As previously reported, on 04/01/2020, the Brazilian government issued Provisional Measure 936 (MP 936/2020), which “establishes the Emergency Program for the Maintenance of Employment and Income and provides for complementary labor measures to deal with the state of public calamity recognized by Legislative Decree No. 6, […]
Labor measures to combat Covid-19 – MP 927 and MP 936
Next Wednesday, April 8th, we will hold a Webinar with a second round of discussions about the labor measures announced by the Government to face the Covid-19 pandemic. Our partner Rafael Mello will address the main points brought by the recently published MP 936/2020, while also clarifying doubts regarding previous regulations, especially regarding the controversial MP 927/2020. […]
Provisional Measure 936/2020 – Labor Measures to combat Covid-19 and brief assessment of legal certainty in its adoption
By Rafael Mello – 04/03/2020 On 04/01/2020, the Brazilian government issued Provisional Measure 936 (MP 936/2020), which “establishes the Emergency Program for the Maintenance of Employment and Income and provides for complementary labor measures to deal with the state of public calamity recognized by Legislative Decree No. 6, of March 20, […]
Provisional Measure 927/2020 – Exceptional Labor Measures to combat Covid-19 (Updated at 2:00 p.m. on 03/23/2020)
By Rafael Mello and Israel Cruz On March 22, 2020, the Brazilian government issued Provisional Measure 927 (MP 927/2020), which “provides for labor measures to address the state of public calamity recognized by Legislative Decree No. 6, of March 20, 2020, and the public health emergency of international importance resulting […]
The Tenancy Relationship During the Covid-19 Pandemic
By Vitor Ferrari, Rafael Mello and André Jerusalmy Considering the declaration of a pandemic of SARS-Cov-2, the cause of COVID-19, by the World Health Organization (WHO), the rapid escalation of the disease in Brazil, the adoption of measures by government authorities such as the closure of public places, shopping malls and commerce in general, with some exceptions, it is necessary to recognize […]
Strict Liability of the Employer under trial at the STF
By Rafael Mello and Israel Cruz On September 4, 2019, the Brazilian Supreme Court (STF) began the trial of Extraordinary Appeal 828040 (RE 828040), which discusses the possibility of employers being held objectively liable in cases of work accidents. This matter was recognized as having repercussions according to STF theme 932: “TOPIC 932 – Possibility of objective liability […]
The Permission for Pregnant and Breastfeeding Women to Work in Unhealthy Environments Granted by the Labor Reform Declared Unconstitutional.
By Leticia Cordeiro and Rafael Mello The labor reform instituted by law 13.467/2017 brought the possibility of lactating and pregnant women working in unhealthy environments (minimum and medium levels in the case of pregnant women and any level of unhealthiness in the case of lactating women). This possibility comes from the command inserted in items II and III of article […]
Union contribution: the innovations brought by MP 873/2019
By Rafael Mello, Paola Gabriela de Carvalho Tosta, Leticia Cordeiro and Fabiana Aparecida da Silva On March 1, 2019, the Presidency of the Republic adopted Provisional Measure 873 (“MP 873”), which amended the Consolidation of Labor Laws, more specifically its articles 545, 578, 579, 579-A and 582, to give new […]
Non-employee representative and the position of the Superior Labor Court
By Rafael Mello – 06/22/2018 Much has been said about the intertemporal application of the new procedural rules established by 13,467/2011, with discussions revolving around the application, or not, of such procedural rules immediately to the proceedings, regardless of whether the action was filed before the aforementioned law came into effect, that is, […]