Supreme Court resumes judgment on negotiation for collective dismissal

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The Plenary of the Federal Supreme Court meets this Thursday (/), from pm, via videoconference, to continue the judgment of an extraordinary appeal that discusses whether or not collective bargaining is necessary for mass dismissal of employees. The trial began in Wednesday's session and, by then, four ministers had already voted. ConJurThe rapporteur, Minister Marco Aurélio, considers that the Federal Constitution does not require prior collective bargaining for the mass dismissal of employees. Ministers Nunes Marques and Alexandre de Moraes followed this understanding. The dissenting vote given in the session was that of minister Luiz Edson Fachin. For him, worker protection, through collective agreements, is expressed in article of the Federal Constitution. The trials can be followed live on TV Justiça , Rádio Justiça and the STF channel on YouTube . With information from the press office of the Federal Supreme Court. Check out all the topics covered for the session below: Extraordinary Appeal (RE) – General repercussion Rapporteur: minister Marco Aurélio Embraer, Eleb Equipamentos and Metalworkers Union of São José dos Campos (SP) and Region The topic under discussion is the need for collective negotiation for the mass dismissal of workers.

The appeal was judged in the Virtual Greece Phone Number Plenary, but was withdrawn following a prominent request from Minister Dias Toffoli. Allegation of Non-compliance with Fundamental Precept (ADPF) – Return of view Rapporteur: minister Marco Aurélio President of the Republic x Special Federal Courts of the Judiciary Section of Rio de Janeiro Resumption of the trial of the action that questions the understanding signed by the Special Federal Courts of Rio de Janeiro that it is the Union's duty to determine or indicate, in the processes in which it appears as defendant/executed party, the amount owed to the plaintiff/executive party and the judicial decisions that accept this understanding. The trial continues with the opinion of Minister Luiz Fux. Find out more here . Original Civil Action (ACO) – return of view Rapporteur: Minister Marco Aurélio State of Amapá x Union The State of Amapá seeks the annulment of its registration in the Single Registry of Agreements and in the Integrated Financial Administration System (Cauc/Siafi), for alleged defaults. The ministers will decide whether the registration of state public administration entities on the federal list of defaulters prevents the state from entering into agreements and regularly receiving transfers of federal resources. The trial will resume with the opinion of Minister Gilmar Mendes.



Extraordinary Appeal (RE) – General repercussion Rapporteur: minister Marco Aurélio Roberto Wypych Junior x National Institute of Colonization and Agrarian Reform (Incra) The issue involves payment of compensation and loss fees arising from an expropriation action, while the domain was still being discussed of the property in court. It turns out that the expropriation action has become final and unappealable, so the STF will have to decide whether the public civil action is a capable means of removing the res judicata, particularly when the two-year period for the rescissory filing has already elapsed. Find out more here . Direct Action of Unconstitutionality (ADI) Rapporteur: Minister Edson Fachin Author: National Confederation of Tourism and Hospitality Workers Interested: President of the Republic and National Congress Partnership contract in beauty salons – the action questions Law ,/, which allowed hiring a hairdresser, barber, beautician, manicurist, pedicurist, waxer and makeup artist, in the form of a partnership. The authoring confederation claims that the law makes work in the sector precarious, by enabling the so-called "pejotização", with loss of labor rights.