Processes for employment bond like ‘pejotization’ will increase by 57% by 2024

A. In the Labor Court in 2024, a total of 285,055 cases, the employment of the employment, According to the data compiled by the Superior Labor Court (TST). The number indicates a 57% increase compared to 2023 and reflects the increase in the so -called “pezotization”. According to the argument of fraud in labor, the legal entity (PJ) or self -employed professionals went to the Labor Court for the identification of rights.

In 2025, until February, 53,783 new cases were filed, which was ranked 16th in the ranking of the people who take people to the labor court. The full list contains 1,881 themes. This number is at least increasing since 2018, except for the Drop 2020 and 2021 due to the epidemic. In 2018, the matter is still ranked 40th in the most repetitive ranking, with 150,500 cases.

This growth is similar to the authenticity of the labor reform, which was announced in 2017, which began to allow the Our Tsourcing of the main operations of the companies. In 2018, the Supreme Federal Court (STF) confirmed this expansion of the version.

Last Monday, 14, the Minister Gilmar Mendis has stopped the processing of all processes that discuss “pezotization” in the country Until the court gives the final word about the existence of the bond. The decision was taken in the wake of the action associated with the Wisdom Insurance Company and discussed the relationship between the source, the franchise and the franchise. This case has a general consequence (ID) recognized last week, which means that the result should be followed by all courts in the country.

Minister Gilmar Mendis defended the suspension based on the overload of the court due to a large number of labor complaints. This is due to the different positions between the Labor Court and the Supreme on the employment relationship. Labor judges have identified the bond on several occasions, and STF ministers have decided to mostly in the opposite direction. As a result, many companies have appealed to the Supreme Court in an attempt to reverse the indictments of the Labor Court.

Part of the Labor Court, PJ contracts are used to mask the employment relationship, so there will be fraud. In this analysis, the five requirements of the Employment Bond are considered: Non -Events, Subordination, Birds, Personality and Anthens. To determine that there is a fraud, Labor Courts must identify the presence of these five standards.

The Supreme Court has already demolished these decisions due to the fact that the court has already allowed the outsourcing of the main operations of the companies in 2018. Most of the court has agreed to CLT to alternative employment agreements.

In this decision, Gilmar said that the Labor Court had repeatedly refused to apply the Supreme Guidance on the issue.

The number of labor complaints that came to the STF broke the record in 2024, when the court received 3,418 new processes, 76% increase compared to the previous year. In 2017, the year of the Michelle Temer (MDB) government accepted the labor reform, there were 277 actions.

“The judicial system is not aligned, we have noticed a clear difference,” said AVJ Advogados founder partner Labor and Business Lawyer Antonio Vasconsellos Jr.. For him, the Supreme Court has been a positive point for the protection of legal confidence between the contradictory positions.

But the lawyer believes that this decision will create problems for parties – for workers, they must wait for an indefinite result of the proceedings, and for the companies, their debts are corrected by the Sericard Rate, currently at 14.25% of the year.

Lawyers report concerns about evacuating the jurisdiction of the Labor Court to analyze the actions in a case on the basis of the case. In determining the matter with a general consequence, a thesis must be defined as the authority of the Supreme Court. It is expected to reduce the operation of labor judges.

Maricio Corea Da Vega, a partner of Korea Da Vega Advogados, feels that there is a “reluctance” of some courts to follow the decisions of the Supreme Court, but is the ability to assess the presence of appointment of fraud or assess the employment relationship, which is different from the work court. “

In an interview Broadcasting .

Matos Philho’s partner and Professor Kleber Wenditti, the Supreme Court’s many antecedents of the Supreme Court “there is no way to declare the identity of the Employment Bond when there is a valid business deal and one of the parties, especially one of the parties”. For him, the suspension of the inquiry as a consequence of “reculty of labor justice” to identify these ancestors.

Rocha, Calderon and affiliated lawyers’ partner Fabiano Javanella, which stops actions, predicts that no one will benefit from anyone. “The delay of the resolution imposes every order and the costs of nature, the management of actions, the calculation of monetary correction, the assessment of the workers’ receipt, the distribution of companies,” he said.

Their hope of following the Supreme is that the court reiterates the location that is already outdoors and determines the employment relationship. “The Supreme Court has given signs of how it will be judged, because nine ministers have repeatedly decided to recognize the bond as a rule, otherwise there are only two. I think it is not different here,” Javanella said.

The Superior Labor Court (TST) and the Supreme Court have already ruled in more than 100 individual decisions for the validity of the franchise model, “Prudential said in a statement. “Most of the Labor Court has the ability to end the old debate in most Labor Court courts, rationalizing funds from the country’s legal system and producing more growth in the franchise sector, which already has a 3% share of national GDP.”