backMinister Gilmar Mendes clarified that the Supreme Federal Court’s (STF) review of the validity of “pejotização” (the practice of hiring workers as legal entities), in ARE 1,532,603, does not encompass employment relationships mediated by digital platforms, such as those of drivers and delivery workers. According to His Excellency, these arrangements present particularities that require separate examination under Theme 1,291 of the general repercussion docket, under the rapporteurship of Minister Edson Fachin; therefore, the previously ordered nationwide suspension does not apply to such cases.
Minister Gilmar Mendes upheld the suspension of proceedings discussing the lawfulness of hiring through legal entities—a matter originating from a franchise contract between a broker and an insurance company—in order to prevent conflicting decisions and safeguard legal certainty until the merits are adjudicated by the Plenary. At the same time, related discussions continue to progress, such as ADPF 1,149, under the rapporteurship of Minister Cármen Lúcia.
share
