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Date: 7 de July de 2023
Posted by: CPDMA Team

STF declares 11 items of the drivers' law (Law 13.103/2015) unconstitutional

Imagem de um volante de de caminhão com as mãos de um motorista.

The trial of the Direct Unconstitutionality Action (ADI) 5322, filed by the National Confederation of Land Transport Workers (CNTT) against the Trucking Law, is over (Law 13,103/2015)the law that regulates the exercise of the driver's profession in road transportation activities of cargo and passengers has undergone significant changes. Among them is the authorization to extend the workday by up to 12 hours, the exclusion of the waiting period from the workday, the fractioning of the interday break, as well as the requirement to take a toxicology test.

The ministers of the Supreme Court (STF), in a vote with 8 votes in favor and 3 against, decided to overturn the provisions of the Truck Drivers Law (Law 13.103/2015) that address the working day, rest and fractioning of the break for drivers. The vote of the rapporteur, Minister Alexandre de Moraes, prevailed. According to him, the entire period at the driver's disposal should be considered a workday, including the waiting time for loading and unloading the truck.

Meal, rest and rest breaks are excluded from the workday. Furthermore, drivers will not be allowed to rest while the vehicle is in motion, even when two drivers take turns. It will be mandatory that the rest must be taken while the vehicle is parked. The break between workdays must be 11 consecutive hours within a 24-hour work period, and it is forbidden to split the break or to coincide it with a mandatory stop while driving the vehicle.

Additionally, drivers must take a weekly rest period of 35 hours every 6 days, and they are not allowed to accumulate rest periods in order to use them when returning home.

The justices Marco Aurélio, Nunes Marques, Gilmar Mendes, Luís Roberto Barroso, Luiz Fux and Cármen Lúcia followed the vote of the reporting justice, Alexandre de Moraes. Justice Dias Toffoli followed the rapporteur, with reservations.

On the other hand, Justices Ricardo Lewandowski, Edson Fachin and Rosa Weber differed, because in addition to the 11 items considered unconstitutional by Justice Moraes, they highlighted other points. Lewandowski, for example, understood that the provisions that deal with the labor relationship of the Independent Cargo Transporters (TAC) are unconstitutional. It is worth noting that Justice Lewandowski is already retired and voted before he left the court.

Undoubtedly, the STF's decision will have a great impact on the road transport sector, since the unconstitutionality of the provisions of the Truckers Law will lead to an increase in the cost of transportation in the country. This will occur because it will be necessary to hire more drivers and, moreover, the daily driving time will be reduced, impacting productivity and the mileage traveled per day. In addition, it will be necessary to provide a structure for weekly rest outside the company's base, due to the scarcity of rest areas on the highways.

Labor Law | CPDMA Team

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