A governança corporativa em empresas familiares tem ganhado cada vez mais relevância no cenário empresarial brasileiro, no qual cerca de 90% das empresas possuem controle familiar. A ausência de um planejamento adequado para a sucessão do negócio e a dificuldade de manter a harmonia nas relações familiares, em muitos casos, culminam no fracasso da empresa […]
CPDMA BLOG
Category: News
Date: 31 de May de 2023
Posted by: Gustavo Manica
Termination without cause of the employment contract. Maintenance of the potestative right: validation by the STF
The plenary of the Federal Supreme Court (STF), in the judgment of ADI 1625, finalized on May 26 of this year, validated - by majority vote - the presidential decree that withdrew Brazil from Convention 158 of the International Labor Organization (ILO), which prohibits unjustified dismissals in adhering countries.
The international norm establishes that the dismissal of employees, in countries that adhere to the agreement, can only occur if there is a justified cause related to their capacity or behavior, or based on the operational needs of the company, establishment or service.
This norm had been suspended in Brazil since 1996, due to a complaint presented to the ILO by the then president Fernando Henrique Cardoso, through decree 2,100/96.
The presidential act was issued months after the National Congress approved the country's adherence to the convention.
Shortly after the publication of the decree, in early 1997, the National Confederation of Agricultural Workers (Contag) and the Central Workers Union (CUT) filed a lawsuit with the STF, claiming that, before taking effect, the country's withdrawal from the convention would necessarily have to go through the Legislative Branch.
The majority of the STF Justices agreed that the President of the Republic cannot, henceforth, withdraw Brazil from international treaties by decree, since if adherence to these international norms requires legislative endorsement, so does withdrawal.
However, for the sake of legal security, the STF fixed the understanding that it could not act to annul the act signed by Fernando Henrique Cardoso, which in practice keeps Brazil out of ILO convention 158.
In this sense, in brief synthesis, the employer's right of power was maintained, especially regarding the unjustified rupture (dismissal without cause) of the employment contract.
Recent posts
Resolution No. 586/2024 of the CNJ and the Future of Agreements in Labor Justice
Read more
On 09/30/2024, the National Council of Justice (CNJ) unanimously approved Resolution No. 586 through Normative Act 0005870-16.2024.2.00.0000, which regulates the agreement between employee and employer in the termination of the employment contract, through approval by the Labor Justice system, with full settlement of the contract. In other words, […]
The Legitimacy of Associations and Foundations to Request Judicial Reorganization and the New Stance of the STJ.
Read more
At the beginning of October, the 3rd Panel of the STJ, by majority vote, issued a decision in four special appeals (REsp 2.026.250, REsp 2.036.410, REsp 2.038.048, and REsp 2.155.284), ruling against the active legitimacy of nonprofit foundations to request Judicial Reorganization. This unprecedented decision appears, at first glance, […]
Government of RS Establishes Recovery Program II: Installment Plan for Companies Under Bankruptcy Protection
Read more
The Government of the State of Rio Grande do Sul has instituted the Recovery Program II through Decree No. 57,884 of October 22, 2024, with the objective of allowing the installment of tax and non-tax debts for entrepreneurs or business entities under bankruptcy protection, including taxpayers whose bankruptcy […]
Renegotiation of BRL 60 Billion in Debt for Companies Under Bankruptcy Protection Regularized by PGFN
Read more
With information from Valor Econômico newspaper. Original article link: http://glo.bo/3NOicuU Since 2020, the Office of the Attorney General of the National Treasury (PGFN) has been advancing negotiations to regularize debts of companies under bankruptcy protection, resulting in the renegotiation of approximately BRL 60 billion. The number of regularized companies has tripled, reaching 30% of cases, thanks to a more collaborative approach from the […]
Legal Certainty: STJ and TST Align Their Understanding on the Commercial Nature of Stock Option Plans
Read more
Por 7 votos a 1, a 1ª Seção do Superior Tribunal de Justiça (STJ), no recente julgamento do Tema 1226, decidiu que os planos de opção de compra de ações ofertados pelas empresas aos empregados - stock options - não possuem natureza remuneratória. No julgamento, afetado ao rito dos recursos repetitivos (REsp 2.069.644 e REsp 2.074.564) prevaleceu […]
English 
Português do Brasil 
Español