The issue of labor reform not only populates campaigns, but also an important legal discussion. The STF resumes next Wednesday (1st) the judgment of the action that questions decisions of the Labor Court that invalidated collective agreements agreed between employers and employees and validated what is expressed in the legislation.
This is a controversial point of labor reform. In the view of opposition parties, the possibility brought by the reform of suppressing legislation and validating what was negotiated punctually between employer and employee harms workers.
The matter is expensive for the two main competitors to Palácio do Planalto. In recent speeches, former president Luiz Inácio Lula da Silva (PT) defended the repeal of the labor reform if he wins the elections. President Jair Bolsonaro (PL) defends the changes brought about by the reform.
In the judgment of the STF, the score is 5 to 4 for workers – that is, most ministers say that legislation has more value than the agreement. However, the wind may change next Wednesday. Ministers Dias Toffoli and the president of the Court, Luiz Fux, have yet to vote.
In recent trials and also in private conversations, they expressed a more favorable position towards entrepreneurs than workers. The action in judgment in the STF is about the validity of a collective labor norm that suppressed rights related to the time spent by the worker in commuting between residence and work, in exchange for other benefits.
In the specific case, the negotiated prevailed over the legislated, but the Superior Labor Court (TST) overturned the agreement. On issues of labor reform, the TST has positioned itself in favor of the employee. In Wednesday’s judgment, the STF will show, in a relevant case, which side it will take.
Source: CNN Brasil
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