Put Najla Mitre – 21/04/2020 The Supreme Federal Court has finally resolved the controversy surrounding the (un)constitutionality of Law 11,442/2007, which regulates road freight transportation on behalf of third parties and for remuneration. The plenary, in a virtual session and by majority vote, ruled in favor of ADC 48, proposed by CNT – National Confederation of Transportation, to recognize the constitutionality of said ordinary legislation, to the detriment of ADI 3,961, proposed by ANAMATRA – National Association of Labor Court Judges, which questioned the legality of outsourcing the regulated activity. Referring to the Court's recent guidance, according to which the outsourcing of the activity is not prohibited by the Federal Constitution, it was understood that the commercial relationship covered by Law 11,442/2007 is of a civil nature and does not produce labor-related effects, once the requirements set forth in the law are met. Read the proposed thesis:

1 – Law 11,442/2007 is constitutional, since the Constitution does not prohibit the outsourcing of core or non-core activities. 2 – The prescriptive term established in art. 18 of Law 11,442/2007 is valid because it does not concern credits resulting from an employment relationship, but from a commercial relationship, and art. 7, XXIX, Federal Constitution does not apply to this case. 3 – Once the requirements set forth in Law 11,442/2007 are met, a civil commercial relationship will be configured and the configuration of an employment relationship will be ruled out.

While Ministers Alexandre de Moraes, Gilmar Mendes, Luiz Fux, Carmen Lúcia, Dias Toffoli and Rosa Weber followed the vote of the rapporteur, Minister Luís Eduardo Barroso, Minister Ricardo Lewandowski joined the divergence raised by Minister Edson Fachin, and Minister Marco Aurélio Mello voted differently from all his peers.