backBrazil’s Supreme Court has formed a majority to establish clearer rules for charging the “contribuição assistencial,” a fee paid to unions. Although the Court had already decided in 2023 that the fee could be required from all workers in a professional category, including those who are not union members, the justices are now refining the boundaries of that decision.
They agree that the fee cannot be applied retroactively, that workers must be free to oppose the charge without pressure, and that the amount must be reasonable and aligned with the economic conditions of the category.
Most ministers followed the opinion of Justice Gilmar Mendes, while Justice André Mendonça partially diverged, arguing that non-members should only be charged if they give explicit, individual authorization. He referenced recent cases involving unlawful payroll deductions to support his view.
The debate highlights the financial challenges unions have faced since the labor reform eliminated the mandatory union tax. Because the case has broad legal impact, the Supreme Court’s final decision will guide all lower courts across the country.
share
